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International Child Evangelism Fellowship Conference, Calvin College, Grand Rapids, MI, May 25, 1970
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International Child Evangelism Fellowship Conference, Calvin College, Grand Rapids, MI, May 25, 1970
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Gerald R. Ford Congressional Papers
Speeches
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Crime
Drug abuse
Inflation (Finance)
Legislation
Obscenity (Law)
Vietnam War, 1961-1975
Youth
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1970
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The original documents are located in Box D29, folder "International Child Evangelism
Fellowship Conference, Calvin College, Grand Rapids, MI, May 25, 1970" of the Ford
Congressional Papers: Press Secretary and Speech File at the Gerald R. Ford Presidential
Library.
Copyright Notice
The copyright law of the United States (Title 17, United States Code) governs the making of
photocopies or other reproductions of copyrighted material. The Council donated to the United
States of America his copyrights in all of his unpublished writings in National Archives collections.
Works prepared by U.S. Government employees as part of their official duties are in the public
domain. The copyrights to materials written by other individuals or organizations are presumed to
remain with them. If you think any of the information displayed in the PDF is subject to a valid
copyright claim, please contact the Gerald R. Ford Presidential Library.
Digitized from Box D29 of The Ford Congressional Papers: Press Secretary and Speech File at the Gerald R. Ford Presidential Library
19th
INTERNATIONAL CHILD EVANGELISM FELLOWSHIP
CONFERENCE, KNOLLCREST CAMPUS, CALVIN
COLLEGE, GRAND RAPIDS, MICHIGAN,
7 P.M. MONDAY, MAY 25, 1970.
AS IT IS WRITTEN IN PROVERBS:
"TRAIN UP A CHILD IN THE WAY HE SHOULD GO:
AND WHEN HE IS OLD, HE WILL NOT DEPART
FROM IT."
WE ARE ALL HERE BECAUSE WE LOVE
CHILDREN, AND WE ARE HERE BECAUSE WE LOVE
GOD.
IT IS A PLEASURE FOR ME TO JOIN
YOU AT YOUR INTERNATIONAL CONFERENCE, AND
IT IS AN HONOR AND A PRIVILEGE TO BE YOUR
KEYNOTE SPEAKER.
RECENT EVENTS WOULD MAKE IT
GERALD, FORD LIBRARY
APPEAR THAT THESE ARE DARK HOURS THROUGH
WHICH WE ARE PRESENTLY LIVING, AND INDEED
OUR PROBLEMS ARE MAJOR AND MANIFOLD. BUT
-2-
I AM BY NATURE CAUTIOUSLY OPTIMISTIC.
AND I AGREE WITH THOSE WHO SAY THAT THE
DARKEST HOURS ARE THOSE WHICH HERALD THE
DAWN
THE LIGHT IS COMING. LIGHT WILL
SOON BE SHED ON THE PRESSING PROBLEMS
WHICH ARE FACING AMERICANS TODAY -- THE
WAR IN INDOCHINA, THE CONTINUING RISE IN
THE COST OF LIVING THE CONSTANT RISE IN
THE CRIME RATE
Strik
of
material
HAVE CHOSEN TO TALK WITH YOU
the
TONIGHT ABOUT THE STAGGERING PROBLEMS
four
WHICH STILL CONFRONT US IN THE WAR AGAINST
CRIME
BUT LET ME FIRST COMMENT BRIEFLY
ON VIETNAM AND CAMBODIA AND ON INFLATION.
WHETHER OR NOT YOU AGREE WITH
OUR CONTINUED EFFORT TO GAIN SELF-
DETERMINATION FOR THE SOUTH VIETNAMESE,
THE FACT REMAINS THAT OUR ATTACK AGAINST
THE INVADERS OF CAMBODIA -- THE
-3-
NORTH VIETNAMESE-- IS PROVING ENORMOUSLY
SUCCESSFUL. WE HAVE SEIZED ENOUGH ENEMY
ARMS TO OUTFIT MORE THAN 70 ENEMY
BATTALIONS OF 500 MEN EACH. WE HAVE
CAPTURED MORE ENEMY AMMUNITION THAN THE
COMMUNISTS WOULD USE IN TWO YEARS. WE
HAVE SEIZED ENOUGH ENEMY RICE TO FEED MORE
THAN 10,000 TROOPS FOR A YEAR. WE HAVE
SET BACK THE ENEMY BY SIX TO EIGHT MONTHS.
WE HAVE SAVED AMERICAN AND SOUTH VIETNAMESE
LIVES. I THINK WE HAVE MADE IT POSSIBLE
TO WITHDRAW MORE THAN 150,000 ADDITIONAL
U.S. TROOPS FROM SOUTH VIETNAM OVER THE
NEXT 12 MONTHS.
ON INFLATION I WILL SAY THAT
THE RESTRAINTS EMPLOYED BY THE ADMINISTRATION
WILL DEFINITELY SHOW RESULTS IN THE MONTHS
AHEAD AND WILL MAKE IT POSSIBLE TO
FORD LIBRARY & GERALD
MODESTLY STIMULATE THE ECONOMY WITHOUT
REVIVING STRONG INFLATIONARY PRESSURES.
-4-
I LOOK FOR GOOD PROGRESS IN THE IMMEDIATE
FUTURE.
INSERT
NOW I WOULD LIKE TO TALK WITH
YOU ABOUT ANOTHER MOST SERIOUS PROBLEM IN
AMERICA -- OUR FAILURE TO DEAL EFFECTIVELY
WITH JUVENILE CRIME. I BELIEVE THIS
FAILURE HAS BECOME A NEAR DISASTER FOR
OUR COUNTRY.
ARRESTS OF JUVENILES FOR SERIOUS
CRIME INCREASED 78 PER CENT NATIONALLY
FROM 1960 TO 1968, THE LAST YEAR FOR WHICH
WE HAVE OFFICIAL FIGURES. THE RATE CLIMBS
HIGHER DAILY.
THE STATISTICS ON JUVENILE
CRIME ARE EVEN MORE TRAGIC AND DISTURBING
THAN THOSE FOR CRIME AS A WHOLE.
BERALD FORD LIBRARY
OF ALL ASPECTS OF CRIME, NONE IS
MORE DISCOURAGING THAN JUVENILE DELINQUENCY.
ONE OUT OF EVERY NINE CHILDREN
WILL BE REFERRED TO A JUVENILE COURT FOR
-5-
AN ACT OF DELINQUENCY BEFORE HIS 16TH
BIRTHDAY.
NEARLY ONE-HALF OF ALL SERIOUS
CRIMES -- MURDER, RAPE, ROBBERY, ASSAULT,
BURGLARY, LARCENY, AUTO THEFT -- IS
COMMITTED BY PERSONS UNDER 18.
THE MOST ARRESTS ARE OF PERSONS
15 AND 16 YEARS OF AGE.
JUVENILE CRIME ACCOUNTS IN LARGE
MEASURE FOR THE NATION'S SOARING CRIME
RATE.
ACCORDING TO THE F.B.I., ARRESTS
OF YOUTHS UNDER 18 YEARS OF AGE MADE UP
MORE THAN HALF OF THE TOTAL NATIONAL
CRIME INCREASE OF 122 PER CENT FROM 1960
TO 1968.
WHILE JUST 16 PER CENT OF THE
NATION'S POPULATION IS 10 THROUGH 17 YEARS
OF AGE, THEY ACCOUNTED FOR 46 PER CENT OF
SERIOUS CRIME IN 1968.
-6-
ONCE INVOLVED IN CRIME, A
JUVENILE IS LIKELY TO COMMIT REPEATED
CRIMINAL ACTS. ALL TOO FREQUENTLY HE
CROSSES THE THRESHHOLD INTO ADULT CRIME.
IN AN EFFORT TO PREVENT JUVENILE
CRIME -- AND TO REHABILITATE THOSE WHO
SLIP INTO DELINQUENCY CONGRESS IN 1968
ENACTED THE JUVENILE DELINQUENCY PREVENTION
AND CONTROL ACT.
UNDER THIS ACT THE FEDERAL
GOVERNMENT PAYS UP TO 90 PER CENT OF
THE COST OF ANTI-DELINQUENCY PROGRAMS
SPONSORED BY STATE AND LOCAL PUBLIC
AGENCIES AND PRIVATE NON-PROFIT ORGANIZATIONS.
IT PAYS UP TO 60 PER CENT FOR SPECIAL
PURPOSE FACILITIES FOR REHABILITATING
DELINQUENT YOUTHS.
THE CAUSES OF JUVENILE CRIME ARE
UNCLEAR. THE METHODS OF PREVENTION ARE
FORD
UNCERTAIN. REHABILITATION IN ALL TOO MANY
LIBRARY
-7-
CASES IS UNSUCCESSFUL.
CERTAINLY THERE IS A PLACE IN
JUVENILE DELINQUENCY PREVENTION FOR CHILD
EVANGELISM, A PLACE FOR THE VITAL PROGRAMS
THAT THE CEF HAS BEEN CARRYING OUT.
A POINT TO REMEMBER IS THAT A
BUSY TEENAGER, IN SCHOOL, PLAYING IN
SPORTS, OR WORKING AT A PART-TIME JOB HAS
NO TIME FOR DELINQUENCY. IT IS ALSO MOST
IMPORTANT THAT GOD BE A PART OF HIS LIFE,
EVEN IF HE IS RELUCTANT TO ADMIT HIM AS A
COMPANION.
IN RECENT YEARS A NEW DEVELOPMENT
HAS MADE THE PROBLEM OF JUVENILE
WAYWARDNESS MORE ACUTE.
DRUG ABUSE HAS EXPLODED ONTO THE
SCENE, WITH DEVASTATING RESULTS. DRUG
ABUSE IN THIS COUNTRY IS MOUNTING AT A
STARTLING RATE, AND THE MOST SHOCKING
ASPECT OF IT IS THE EXTENT TO WHICH IT
-8-
INVOLVES THE VERY YOUNG.
BETWEEN 1960 AND 1968 THERE WAS
A 322 PER CENT INCREASE IN THE NUMBER OF
ARRESTS RELATED TO NARCOTIC DRUGS. BETWEEN
1967 AND 1968 ALONE, THERE WAS A 64 PER CENT
INCREASE.
FOR THE YEAR 1968, THE F.B.I.'S
UNIFORM CRIME REPORTS INDICATE THAT
162,177 PERSONS WERE ARRESTED BY STATE AND
LOCAL AUTHORITIES FOR NARCOTIC AND
MARIJUANA DRUG VIOLATIONS.
OF THIS NUMBER, 43,200 WERE UNDER
THE AGE OF 18, AND 6,243 WERE UNDER THE
AGE OF 15.
THESE FIGURES NEED LITTLE
EXPLANATION, EXCEPT TO SAY THAT FOR EVERY
INDIVIDUAL APPREHENDED, SCORES OF OTHERS
REMAIN UNDETECTED. I MIGHT ADD THAT THE
AVERAGE AGE OF ALL THE DRUG VIOLATORS
APPREHENDED WAS 21 YEARS.
-9-
SO WE ARE DEALING WITH A YOUTH
PROBLEM. THAT MUCH IS CLEAR.
THE APPALLING FACT IS THAT DRUG
ABUSE ARRESTS OF JUVENILES, THOSE 18 OR
UNDER, INCREASED BY 1,860 PER CENT DURING
THE FIRST EIGHT YEARS OF THE 1960'S.
WE CAN ONLY CONCLUDE THAT DRUG
ABUSE IS THREATENING THE HEALTH AND SAFETY
OF OUR SOCIETY.
CONSIDER WHAT HAS HAPPENED IN
NEW YORK -- THE ONLY CITY WHICH HAS
MAINTAINED LONGTERM RECORDS RELATED TO
DRUG ABUSE.
IN THE FIRST FIVE YEARS OF THE
SIXTIES, ABOUT 300 PEOPLE IN NEW YORK CITY
DIED FROM HEROIN-RELATED CAUSES. BUT IN
1969 -- IN JUST THAT 12-MONTH PERIOD ALONE --
MORE THAN 900 PEOPLE DIED OF SUCH CAUSES
FORD
AND OF THESE, 224 WERE TEEN-AGERS --
GERALD
LIBRARY
-10-
24 OF THEM UNDER THE AGE OF 15. IT IS
REPORTED THAT HEROIN IS IN EVERY HIGH
SCHOOL IN NEW YORK CITY, PUBLIC AND
PRIVATE.
THIS IS JUST ONE INDICATION OF
THE ACCELERATED TREND IN THE USE OF HARD
DRUGS. DRUG ABUSE HAS INCREASED
PHENOMENALLY IN VIRTUALLY EVERY MAJOR
METROPOLITAN AREA, REPORTS SHOW.
WHAT IS MOST WORRISOME IS THAT
THE AGE LEVEL OF DRUG USERS IS CONSTANTLY
DECREASING.
FIVE YEARS AGO, COLLEGE SENIORS
WERE VIRTUALLY THE ONLY STUDENTS ENGAGING
IN MARIJUANA USE. BUT IN JUST TWO OR
THREE YEARS, "POT" SMOKING MOVED DOWN TO
THE FRESHMAN LEVEL AND IN ANOTHER TWO YEARS
FORD
IT HAD BECOME A PROBLEM IN HIGH SCHOOLS.
NOW IT IS GETTING INTO THE JUNIOR HIGH
SCHOOLS.
(II)
I WOULD MAKE THE POINT HERE THAT
THE GREATEST DRUG ABUSE OCCURS IN
METROPOLITAN AREAS. THE LEAST DRUG ABUSE
AMONG YOUNG PEOPLE IS FOUND IN RURAL OR
VERY SMALL TOWN SETTINGS.
THE MOST COMMONLY ABUSED DRUGS
INCLUDE HEROIN, MARIJUANA, LSD, AND A
WHOLE HOST OF OTHER SYNTHETIC
HALLUCINOGENS, THE AMPHETAMINES OR PEP PILLS
AND THE BARBITURATES OR SLEEPING PILLS.
LET ME EMPHASIZE THE DANGER TO
OUR YOUTH BY POINTING OUT THAT IN 1968 MORE
THAN ONE-HALE OF THE INDIVIDUALS ARRESTED
FOR NARCOTICS VIOLATIONS WERE PERSONS UNDER
21 YEARS OF AGE. OF THOSE INVOLVED WITH
MARIJUANA, 65 PER CENT WERE UNDER 21 AND
29 PER CENT WERE PERSONS UNDER 18.
WHAT SHOULD BE DONE WITH A CHILD
FOUND USING MARIJUANA? HE CERTAINLY SHOULD
BE ADMINISTERED SOME GOOD FATHERLY
FORD LIBRARY
DISCIPLINE. IF THAT FAILS, THE FAMILY
SHOULD SEEK OUTSIDE COUNSELING -- THE FAMILY
-12-
PHYSICIAN OR SCHOOL COUNSELOR AND
CERTAINLY A CLERGYMAN.
MARIJUANA IS NOT A PHYSICALLY
ADDICTIVE DRUG. THE VAST MAJORITY OF
PEOPLE WHO EXPERIMENT WITH IT TRY IT FROM
ONE TO 10 TIMES AND THEN DROP IT. BUT
THERE IS A CORRELATION BETWEEN FREQUENT
USE OF MARIJUANA AND THE USE OF OTHER
DRUGS. THE CHRONIC MARIJUANA USER BECOMES
EXPOSED TO WHAT HAS BECOME KNOWN AS THE DRUG
SUBCULTURE. IN THIS ENVIRONMENT, HE IS
THROWN TOGETHER WITH PEOPLE WHO USE OTHER
DRUGS. AND IT IS A MATTER OF RECORD THAT
THE EXPLOSION IN MARIJUANA USE HAS BEEN
ACCOMPANIED BY A SHARP RISE IN HEROIN USE.
IT SEEMS REASONABLE TO ASSUME
THAT IF MANY INDIVIDUALS DID NOT GET
FORD is LIBRARY GENALD
INVOLVED WITH MARIJUANA THEY WOULD NEVER
BECOME USERS OF THE MORE POTENT AND DANGEROUS
DRUGS.
-13-
WE NOW HAVE A DRUG CONTROL BILL
BEFORE THE CONGRESS -- IT HAS ALREADY
PASSED THE SENATE -- WHICH WOULD MAKE THE
SIMPLE POSSESSION OF MARIJUANA A MISDEMEANOR
ON THE FIRST OFFENSE. UNDER THIS BILL,
THE FIRST OFFENDER COULD BE GIVEN PROBATION
BY A JUDGE AND, IF HE COMPLETES HIS
PROBATION SATISFACTORILY, HAVE HIS RECORD
EXPUNGED. BUT A SECOND OFFENSE WOULD BE
JUDGED A FELONY. I EXPECT THE HOUSE TO
APPROVE THIS BILL BECAUSE THE NEED FOR NEW
LEGISLATION TO DEAL WITH THE DRUG PROBLEM
IS WIDELY RECOGNIZED IN THE CONGRESS.
IN THE LONG TERM, I BELIEVE THAT
EDUCATION IS THE BEST WAY TO CURB DRUG
ABUSE IN THE UNITED STATES. WE NEED TO
PERSUADE OUR YOUNG PEOPLE THAT DRUG ABUSE
LEADS ONLY TO SELF-DESTRUCTION AND A TERRIBLE
HURT FOR MEMBERS OF THE ADDICT'S FAMILY
GERMUD FORD LIDRARY
DRUG ABUSE ALSO, OF COURSE,
-14-
CONTRIBUTES HEAVILY TO THE CRIME TOLL
THROUGHOUT THE UNITED STATES EACH YEAR.
IT IS ESTIMATED THAT 50 TO 75
PER CENT OF THE CRIMES COMMITTED ON OUR
NATION'S STREETS ARE PERPETRATED BY DRUG
ADDICTS AND SO ONE STEP WE MUST TAKE IS
A MASSIVE EFFORT TO HALT THE IMPORTATION
OF ILLEGAL DRUGS INTO THE UNITED STATES.
THIS WE ARE TRYING VERY HARD TO DO,
PARTICULARLY AS REGARDS TURKEY AND MEXICO.
IN THE CASE OF TURKEY, FOR INSTANCE, WE ARE
TRYING TO GET THAT COUNTRY TO STOP OPIUM
PRODUCTION. OR AT LEAST TO CONTROL ITS
MANUFACTURE AND DISTRIBUTION.
IF WE CAN ELIMINATE TURKEY AS A
SOURCE OF OPIUM, WE CAN REDUCE THE AMOUNT
OF HEROIN COMING INTO THE UNITED STATES BY
AT LEAST 50 PER CENT. OFFICIALS OF THE
FORD
117
U.S. JUSTICE DEPARTMENT BELIEVE WE CAN REACH
THAT GOAL IN TWO OR THREE YEARS.
-15-
LET ME STRESS NOW THAT ALTHOUGH
THERE MIGHT SEEM TO BE NO CONNECTION THE
DRUG-RELATED STREET CRIMES I CITED A BIT
EARLIER ARE DIRECTLY ASSOCIATED WITH
ORGANIZED CRIME. IT IS ORGANIZED CRIME --
THE MAFIA -- WHICH MAKES ILLEGAL NARCOTICS
AVAILABLE IN LARGE VOLUME IN THE UNITED
STATES. THEREFORE MUCH OF OUR STREET
CRIME FLOWS DIRECTLY FROM THE ACTIVITIES
OF ORGANIZED CRIME.
WHAT ARE WE DOING TO FIGHT CRIME?
THERE IS NO QUESTION THAT CRIME CONTROL
IS PRIMARILY A STATE AND LOCAL RESPONSIBILITY
BUT THERE IS ALSO MUCH THAT THE FEDERAL
GOVERNMENT CAN DO TO HELP.
LEGISLATIVELY, HELP WAS PROVIDED
IN 1968 AND I HOPE IT WILL BE FORTHCOMING
THIS YEAR.
BERALD R.FORD LIBRARY
IN 1968 CONGRESS PASSED A LAW
WHICH AUTHORIZED FEDERAL GRANTS TO UPGRADE
-16-
STATE AND LOCAL POLICE FORCES AND PROVIDE
FOR GREATER CRIME CONTROL. CONGRESS THAT
YEAR ALSO PASSED THE JUVENILE DELINQUENCY
CONTROL ACT I PREVIOUSLY CITED.
THE PRESENT CONGRESS HAS A HOST
OF ADMINISTRATION ANTI-CRIME BILLS BEFORE
IT, PROVIDING NEW TOOLS TO FIGHT ORGANIZED
CRIME, BETTER WAYS TO HANDLE DRUG ABUSE,
MORE JUDGES, AND A VARIETY OF OTHER
CRIME-FIGHTING WEAPONS.
THE SENATE HAS RESPONDED FAIRLY
SWIFTLY BUT HAS WEAKENED SOME
ADMINISTRATION PROPOSALS. IN THE HOUSE THERE
HAS BEEN SOME FOOT-DRAGGING BY THOSE WHO
SEE EVERY STRONG ANTI-CRIME MEASURE AS
UNCONSTITUTIONAL. I HOPE ALL OF THE
DIFFERENCES WILL BE SOON RESOLVED SO THAT
WE CAN STEP UP THE WAR AGAINST CRIME.
GGRALD FORD VIBRARY
SPECIFICALLY IN THE AREA OF
JUVENILE DELINQUENCY, THE HOUSE JUDICIARY
-17-
COMMITTEE IS CONSIDERING THE FEDERAL YOUTH
CORRECTIONS ACT, WHICH WOULD AUTHORIZE THE
BOARD OF PAROLE EXAMINERS TO INTERVIEW
YOUTHFUL OFFENDERS, AND AMENDMENTS TO
THE 1968 OMNIBUS CRIME CONTROL AND SAFE
STREETS ACT, WHICH WOULD PROVIDE ADDITIONAL
FUNDING TO IMPROVE STATE AND LOCAL CORRECTIONAL
FACILITIES FOR JUVENILES.
I HAVE CITED SOME GRIM STATISTICS
ON CRIME, AND ONE COULD EASILY FEEL
OVERWHELMED BY THEM. BUT THERE ARE A FEW
BRIGHT NOTES IN THE SITUATION, THERE IS A
BREAK IN THE CLOUDS.
IN 1969, FOR INSTANCE, THE RISE
IN THE CRIME RATE SLOWED CONSIDERABLY.
WHERE THE CRIME RATE HAD CLIMBED BY 17
PER CENT IN 1968, THE RATE OF INCREASE
FORD
SLOWED TO 11 PER CENT LAST YEAR.
IN THE CASE OF JUVENILES REFERRED
TO JUVENILE COURT JURISDICTION, THE RATE
-18-
DROPPED IN 1968 FOR THE SECOND YEAR IN A
ROW -- FROM 49 PER CENT TO 46.
WHAT THIS TELLS US IS THAT THE
TASK IS NOT HOPELESS. WE HAVE MADE SOME
PROGRESS, AND WE WILL MAKE MORE.
WE MUST PERSIST IN THE FIGHT
AGAINST CRIME, AND THE AMERICAN PEOPLE MUST
JOIN THE CONGRESS AND ALL OF OUR STATE AND
LOCAL LAW ENFORCEMENT AGENCIES IN COMBATTING
IT.
AS FOR GROUPS LIKE THE CHILD
EVANGELISM CONFERENCE, THERE IS NO
QUESTION THAT THEY CAN PLAY A USEFUL ROLE.
WE KNOW THAT A CHILD FORMS HIS
OPINIONS AND HIS OUTLOOK UPON LIFE DURING
HIS EARLY YEARS. WE KNOW THAT HIS EARLY
INSTRUCTION AND THE GUIDANCE GIVEN HIM IN
MATTERS OF MORALS ARE MOST IMPORTANT IN
DETERMINING HOW HE WILL CONDUCT HIMSELF
GERALD FORD VIBRARY
IN LATER LIFE. WE KNOW THAT THE COURSE OF
-19-
A MAN'S ENTIRE LIFE OFTEN IS CHARTED DURING
HIS CHILDHOOD YEARS.
AND SO THOSE OF US IN OTHER
FIELDS OF ENDEAVOR LOOK TO CHILD
EVANGELISM TO REACH OUT AND HELP OUR
CHILDREN -- TO GIVE THEM THE GREAT GUIDANCE
THAT FLOWS FROM THE TRUTHS OF CHRISTIANITY
AND THE WISDOM OF ITS FOUNDER, JESUS
CHRIST.
CHILD EVANGELISM REACHES CHILDREN
BECAUSE IT APPROACHES THEM ON A LEVEL THEY
CAN UNDERSTAND. IT OFFERS THEM GUIDANCE, IT
OFFERS THEM STRENGTH. IT OFFERS THEM THE
EMOTIONAL SECURITY WITHOUT WHICH EVERY MAN
IS LOST.
SO TO THE MEN AND WOMEN OF THE
CHILD EVANGELISM CONFERENCE I SAY CONTINUE
FORD
AND EXPAND YOUR WONDERFUL WORK, KNOWING
ERALD
LIBRARY
THAT YOU ARE HELPING US ALL -- NOT ONLY THE
LITTLE CHILDREN BUT EVERYONE IN THIS GREAT
-20-
LAND OF OURS.
-- END --
FORD LIBRARA
Jerry:
I did not include 1+ in the speech but you
want to mention to the Child Evangelism people that the
House recently passed a measure to keep sexually-oriented
material from being mailed to minors. The bill is 1 dentical
in concept to one you introduced.
It forces those
who exploit sexual sen sationalim to purchase a list of
persons who do not wish to receive sexually-oriented mail,
is
FORD
mailing
and prohibits
to those individuals, The bill
GERALD
provides strong penalties for indisc riminate mailing of
such material to those who do not want it.#### it
THE Obscanity ASSOCIATION OF THE BAR
OF THE CITY OF NEW YORK
Legislation to Bar Sexually Oriented Materials
from the Mails and Interstate Commerce
By THE COMMITTEE ON FEDERAL LEGISLATION
Congress has been besieged recently by communications calling for bills
to control the flow of allegedly obscene publications,1 and it has responded
with a correspondingly large number of bills. The President, in a message de-
livered in May 1969, stated that "American homes are being bombarded with
the largest volume of sex oriented mail in history." He stated that he had
asked the Attorney General and the Postmaster General to submit to Con-
gress three new legislative proposals. He described them as measures which
would prohibit use of the mails to send unsuitable material to minors; bar
use of the mails or interstate facilities to advertising intended to appeal to
a "prurient interest in sex"; and prohibit, as an invasion of privacy, mailing
of sexually oriented advertising to one who had filed a statement that he did
not wish to receive it.
The first two of the measures proposed by the President are embodied in
the following bills:
H.R. 11031 (also S. 2073)-to prohibit the use of interstate facilities, in-
cluding the mails, for the transportation of certain material to minors.
H.R. 11032 (also S. 2074)-to prohibit the use of interstate facilities, in-
cluding the mails, for the transportation of salacious advertising.
The third measure, to protect the privacy of unwilling recipients of un-
solicited advertising, is combined in H.R. 10867 with a proposal to exclude
from the mails "certain obscene material sold or offered for sale to minors."2
This report deals with these three bills, which appear to be those in which
the Congress has shown the greatest interest.³
All three of these proposed bills present serious constitutional issues un-
der the First Amendment. They also raise policy issues as to the role appro-
priately played by the Federal Government in controlling the content of
materials transmitted through the mails.
These issues should be considered against the background of the present
law. The Comstock Act (18 U.S.C. §1461) makes it a Federal criminal offense
to mail obscene matter or any advertisement which gives information as to
where such matter may be obtained.⁴ Under Roth V. United States, 354 U.S.
476 (1957), and the cases which have followed it, that statute may be constitu-
tionally applied only to "material with regard to which three elements
coalesce." According to the Supreme Court:
1
FORD & LIBRARY GERALD
It must be established that (a) the dominant theme of the material
We will consider first the proposals which relate to minors. Assertedly
taken as a whole appeals to a prurient interest in sex; (b) the material
offensive advertising matter involves different considerations, and proposals
is patently offensive because it affronts contemporary community
relating to it will then be considered separately.
standards relating to the description or representation of sexual mat-
ters; and (c) the material is utterly without redeeming social value.
THE BILLS RELATING TO MINORS
Memoirs V. Massachusetts (the "Fanny Hill" case), 383 U.S. 413, 418
(1966).
Both H.R. 11031 and the first section of H.R. 10867 embody definitions of
material that is obscene for minors which would affect a greater range of
In a close case, the mailing of material which would otherwise not be obscene
materials than the State statute which was upheld in Ginsberg V. New York,
within the three-part Fanny Hill test may be held to violate the statute by
supra. We think it plain that both bills would inevitably restrict the distribu-
reason of the pandering manner in which it is exploited. Ginzburg V. United
tion to adults of non-obscene, and hence constitutionally protected, material.
States, 383 U.S. 463 (1966). The cases apply the same test to Federal and State
Both of them illustrate the difficulty which we believe to be inherent in any
legislation.
effort to apply Federal legislation, as distinct from State legislation, to re-
The test for minors is somewhat different. Some 39 States have adopted
strict distribution to only a portion of the population.
some type of measure specifically designed to prohibit the exposure of ob-
scene material to minors.5 In upholding a State statute restricted to minors,
the Court has adopted a "variable obscenity" concept under which the three-
H.R. 11031 (S. 2073)
fold test is applied from the standpoint of minors. It affirmed a conviction
This bill would add to the Criminal Code a new section containing five
for the sale of material which, although not obscene for adults, had been
subsections:
found, taken as a whole, to appeal to the "prurient, shameful or morbid inter-
est of minors," to be offensive to prevailing community standards for minors
(a) It defines a "minor" as a person under the age of 18 years. Its definition
and to be utterly without redeeming social importance to minors. Ginsberg
of "matter that is harmful to minors" reads:
V. New York, 390 U.S. 629 (1968).
"matter that is harmful to minors" means a book, magazine, pamph-
Congress has recently sought to control the distribution of sexually stimu-
let, sheet, card, photograph, drawing, film, slide, recording, or other
lating materials which are offensive to some people but not obscene. The
thing constituting or containing visual, verbal, or auditory material
theory has been that of protecting privacy. In 1967 Congress enacted the
that depicts, describes, or represents, in actual or simulater [sic] form,
measure known as the Pandering Advertisement Act (39 U.S.C. $4009). Un-
nudity sexual conduct, or sadomasochistic behavior and which is-
der that law, anyone who has received an advertisement which he, in his sole
(A) offensive to prevailing standards in the adult community
discretion, "believes to be erotically arousing or sexually provocative" may
concerning what is suitable material for minors; and
give notice to that effect to the Postmaster General. An order is then issued
to the sender directing him to refrain from further mailings to the same ad-
(B) substantially without redeeming social value for minors.
dressee and to delete that name from all mailing lists owned or controlled
(b) The prohibitory provision reads:
by the sender. On finding that such an order has been violated, the Postmas-
No person shall knowingly deposit in the mail, or transport in inter-
ter General may request the Attorney General to seek a court order directing
state or foreign commerce, for delivery to a minor, matter which is
compliance.
harmful to minors, or matter constituting or containing an advertise-
The constitutionality of this Act has been upheld by a three-judge court
ment therefor or information as to where or how such matter may
in California,8 and an appeal from that decision has recently been argued
be obtained.
in the Supreme Court.⁷
The intense interest in seeking further legislation undoubtedly reflects
(c) It is provided that, if matter which is harmful to minors or which con-
genuine dissatisfaction with the adequacy of the existing laws to cope with
stitutes an advertisement for it or information as to where or how it may be
material which many people find offensive.8 The dissatisfaction would seem
obtained is deposited in the mail or transported in commerce "to a residence
to be based primarily upon the premise that exposure to certain publications
in which a minor permanently resides," such deposit or transportation shall
relating to sex is harmful to minors. That premise is a subject of sharp dis-
be deemed to have been for delivery to such minor "unless contained in a
pute on which experts as well as others disagree, and this committee takes no
sealed envelope or sealed wrapper that completely conceals the contents and
position as to its validity. We are greatly concerned, however, to avoid threat-
clearly, specifically and personally addressed to an adult who resides at such
ened encroachments on the full freedom of communication which is guaran-
residence."
teed by the First Amendment. And we proceed on the assumption that "the
(d) It would be an affirmative defense that the defendant reasonably be-
hoary dogma
that the use of the mails is a privilege on which the Govern-
lieved that the addressee of the matter "was an adult residing at the address
ment may impose such conditions as it chooses, has long since evaporated."
shown on the sealed envelope or sealed wrapper." That belief may be based
2
3
on a purchase order or other declaration reasonably believed to be from an
would have to be mailed in a sealed envelope or wrapper specifically ad-
adult.
dressed to an adult. The affirmative defense that the sender reasonably be-
(e) Violation of the measure would be punishable by a fine of not more
lieved that the addressee was an adult would be difficult to sustain. The
than $50,000 or imprisonment for not more than five years, or both, for the
measure would impose an excessive burden on the distribution to adults of
first offense. Both the maximum fine and the maximum term of imprison-
non-obscene material. It is immaterial that the prohibition is not absolute.
ment would be doubled for subsequent offenses.
Where First Amendment rights are concerned, regulatory measures may fall
It will be noted that the definition of "matter that is harmful to minors"
far short of complete suppression but still constitute unconstitutional re-
omits the element of a predominant appeal to "prurient, shameful or mor-
straints, and they are not saved by a purpose to protect the morals of minors.
bid interest," as well as the qualifying phrase, "taken as a whole"; and that
Bantam Books, Inc. V. Sullivan, 372 U.S. 58 (1963); Interstate Circuit V.
the Ginsberg condition that the material be "utterly without redeeming so-
Dallas, 390 U.S. 676 (1968).
cial importance to minors" is changed to "substantially without redeeming
This measure, moreover, bars the mailing not only of matter which is
social value to minors." Under this more inclusive standard for determining
"harmful to minors" but also of any publication containing an advertisement
what matter is objectionable, any representation of nudity or sexual conduct
for such materials or containing information as to where or how they may
found to be offensive to prevailing standards in the adult community as to
be obtained. Under such a prohibition, the recent advertisements for the
what is suitable for minors would be proscribed although the element of
erotic prints of Picasso, widely carried in magazines and newspapers, could
appeal to "prurient, shameful or morbid interest" was lacking, even if that
conceivably lead to criminal penalties against all those magazines and news-
representation was but an incidental part of the publication and even if the
papers. Whether or not under prevailing standards in the adult community
work had some redeeming social value for minors which a jury could find
the Picasso prints are deemed "suitable material for minors," this bill would
to be less than substantial.
impose a drastic restraint upon distribution to the adult community of
Whether the lower constitutional standards of H.R. 11031 would pass mus-
material which is protected under the test of Roth and Fanny Hill. For the
ter in the courts if its operation were limited to minors need not be decided,
reasons stated below in discussing the bills directed at advertisements, we
since we think it plain that the purported limitation of the measure to min-
believe that such a restraint would itself violate the First Amendment.
ors is utterly unreal. Where the First Amendment is concerned, a criminal
measure must require scienter. Smith V. California, 361 U.S. 147 (1959). That
H.R. 10867
requirement is eliminated by subsection (c), which is at the heart of the bill.
The portion of this bill dealing with minors would add a new section
The need for a specific intent to bring about delivery of the material to a
($4011) to Chapter 51 (relating to nonmailable matter) of Title 39 of the
minor is removed by the provision that such intent "shall be deemed" to
United States Code, to be entitled "special category of nonmailable matter
have existed unless the material is sealed and specifically addressed to an
with respect to minors." Such nonmailable matter would consist of:
adult. The inevitable effect of this provision would be to impose a drastic
restraint upon the use of the mails and interstate commerce for the distribu-
(A) any picture, photograph, drawing, sculpture, motion picture
tion to adults of material which is concededly entitled to constitutional
film, or similar visual representation or image of a person or portion
protection.
of the human body, which depicts nudity, sexual conduct, or sado-
The cases dealing with presumptions in criminal statutes establish the in-
masochistic abuse in a maner designed primarily to appeal to the
validity of subsection (c). For such a presumption to be valid, there must be
prurient interests of the viewer; or
a plain, rational connection, based on common experience, between the facts
(B) any book, magazine, or other printed matter, however repro-
proved and the ultimate fact which is presumed. Tot V. United States, 319
duced, or any sound recording, which-
U.S. 463, 467-68 (1943); United States V. Gainey, 380 U.S. 63, 66 (1965);
(i) depicts nudity, sexual conduct, or sadomasochistic abuse or
Leary V. United States, 395 U.S. 6 (1969). The present bill does more than
contains explicit and detailed verbal descriptions or narrative ac-
create a presumption. By subsection (c), the Congress would declare that the
counts of sexual excitement, sexual conduct, or sado-masochistic
mailing of a document to a residence in which a minor permanently resides
abuse; and
"would be deemed" to have been a mailing for delivery to such minor. It
would not even be necessary that the actor know that there was a minor
(ii) is designed primarily to appeal to the prurient interests
permanently residing in the residence. The declared connection between
of the reader or listener.
the proven facts and the conclusion which would be drawn therefrom is
A "minor" is defined as a person under the age of 16 years. There are spe-
arbitrary.
cific definitions of "nudity" (display of genitals or pubic area), "sexual con-
To overcome subsection (c), the "sex oriented" matter defined in the bill
duct," "sexual excitement," and "sado-masochistic abuse."
4
5
The circumstances under which the matter so defined would be placed in
both proposals will be set forth before we discuss the considerations of con-
"a special category of nonmailable matter with respect to minors" are set
stitutionality and policy which they present.
forth in the opening portion of the new section:
The mails may not be used-
H.R. 11032 (S. 2074)
(1) to make to a minor a sale, delivery, or distribution, or an offer
This bill is short and simple. It would add a section to the Criminal Code
for a sale, delivery or distribution, of any matter described in this
reading:
section; or
No person shall knowingly deposit in the mail, or transport in inter-
(2) to make to any person not a minor but with whom a minor
state or foreign commerce, an advertisement or solicitation designed
resides a delivery or distribution, or an offer for sale, delivery, or dis-
or intended to appeal to a prurient interest in sex.
tribution, of any matter described in this section, if the delivery or
Whoever violates this section shall be fined not more than $50,000,
distribution or offer for sale, delivery, or distribution is unsolicited
or imprisoned not more than five years, or both, for the first offense,
by the person not a minor but with whom the minor resides.
and shall be fined not more than $100,000, or imprisoned not more
It is apparent that (1) what would be excluded from the mails includes
than ten years, or both, for a subsequent offense.
non-obscene material and (2) the measure would materially restrict the de-
livery of such material to adults. The bill does not contain a pretense of
H.R. 10867
meeting the scienter requirement. Anyone seeking to distribute the defined
Two new sections, 4012 and 4013, would be added to Title 39 of the
material without prior solicitation could not possibly limit the distribution
United States Code, the Postal Service title.
to persons with whom no minor was residing. Such a reduction of mailable
Section 4012 would require the Postmaster General to maintain a list of
matter to "only what is fit for children," Butler V. Michigan, 352 U.S. 380,
the names and addresses of those persons who do not wish to receive sexually
383 (1957), cannot be squared with the First Amendment. Furthermore, the
oriented advertisements. The list would be "available to any person, upon
measure would effectively close the mails to unsolicited offers to deliver non-
such reasonable terms and conditions as he (the Postmaster General) may
obscene material to adults, raising the issue that is considered below in the
prescribe, including the payment of such service charge as he determines to
discussion of the advertising bills.¹⁰
be necessary to defray the costs of compiling and maintaining the list, keep-
ing it current, and making it available." It would be illegal to mail any sex-
ually oriented advertisement to any person whose name and address has
Thus both the foregoing proposals purporting to protect minors exhibit
been on the list for more than thirty days.
the same weakness. Such proposals point up the difficulty, if not impossi-
The section would also require mailers of sexually oriented advertise-
bility, of using the regulatory power over the mails (and, in the case of
ments to place on the cover or envelope of the material both their names
H.R. 11031, over interstate commerce) to restrict distribution to minors with-
and addresses and "such mark or notice as the Postmaster General may
out substantially burdening constitutionally protected communication to
prescribe."
adults. The necessary distinction can be made in State legislation, like that
The bill defines "sexually oriented advertisement" as:
upheld in Ginsberg V. New York, which reaches direct dealings between the
any advertisement that depicts, in actual or simulated form, or ex-
parties. Even if the present bills were amended to embody the Ginsberg defi-
plicitly describes, in a predominantly sexual context, human genita-
nition of obscenity, however, the problem of isolating mailed material ad-
lia, any act of natural or unnatural sexual intercourse, any act of
dressed to minors would remain. We do not believe that the "variable
sadism or masochism, or any other erotic subject directly related to
obscenity" concept can effectively be adapted to Federal legislation of this
the foregoing. Material otherwise within the definition of this sub-
character.¹
section shall be deemed not to constitute a sexually oriented advertise-
ment if it constitutes only a small and insignificant part of the whole
THE BILLS RELATING TO ADVERTISING MATTER
of a single catalog, book, periodical, or other work the remainder of
which is not primarily devoted to sexual matters.
The President's proposal to prohibit all mailing and interstate transporta-
tion of "prurient advertising" is embodied in the second of the Dirksen bills,
Finally, section 4012 would prohibit the sale, lease or exchange of any list
H.R. 11032 (S. 2074). H.R. 10867, which we have just discussed with respect
compiled by the Post Office, or the use thereof, except for the purpose ex-
to its provisions on minors, embodies the "invasion-of-privacy" principle re-
pressly authorized by the bill.
ferred to by the President, under which the mailing of "sexually oriented
Section 4013 would provide for judicial enforcement of the prohibitions
advertisements" to unwilling recipients would be barred. The provisions of
contained in section 4012. It empowers the Postmaster General to request
6
7
the Attorney General to commence a civil action against any person who the
character, H.R. 11032 is plainly unconstitutional. It would impose an out-
Postmaster General believes is violating section 4012. While the action is
right prohibition upon the mailing of advertisements "designed or intended
pending, the Court, "upon application therefor by the Attorney General
to appeal to a prurient interest in sex" without regard to the elements of pat-
and upon a showing of probable cause to believe the statute is being vio-
ent offensiveness to community standards or lack of redeeming social value.
lated," would be empowered to issue temporary restraining orders or pre-
The President, in his message, referred to such advertisements as "pander-
liminary injunctions
ing," and the proposal is obviously inspired by the decision in Ginzburg V.
including, but not limited to, provisions enjoining the defendant
United States, supra. We believe that reliance on that case is misplaced. The
from mailing any sexually oriented advertisement to any person or
Court there considered the pandering character of the advertisements to
class of persons, directing any postmaster to refuse to accept such
resolve a borderline issue as to the obscenity of the publications being adver-
defendant's sexually oriented advertisements for mailing, and direct-
tised. It did not consider whether advertisements as such are entitled to First
ing the detention of the defendant's incoming mail by any postmaster
Amendment protection.
pending the conclusion of the judicial proceedings.
The constitutionality of the proposal to protect privacy embodied in H.R.
10867 depends upon a weighing of two competing considerations: privacy
If the court found a violation of section 4012, it could issue the following
and uninhibited communication. The measure would not impose an out-
orders, among others: (1) directing the defendant to cease mailing the offen-
right prohibition on the mailing of any particular matter. It seeks to enable
sive advertisements "to a specific addressee, to any group of addressees, or to
individual recipients to protect their privacy by enabling them to cut off the
all persons"; (2) directing the post office to refuse to accept defendant's sex-
receipt through the mails of material which they consider offensive. It would
ually oriented advertisements for passage through the mails; and (3) after
not prohibit the mailing of any material until an individual had notified
the defendant has had an opportunity to examine incoming mail, "and to
the Postmaster General that he does not wish to receive material of that char-
obtain delivery of mail which is clearly not connected with activity alleged
acter. The Post Office would then take action only for the purpose of pro-
to be in violation of section 4012," directing the post office to return defend-
tecting that individual's privacy by insuring that such mail is not sent to him.
ant's mail to its senders with an indication that it is in response to mail vio-
The objective is similar to that of the many local ordinances which prohibit
lative of section 4012.
house-to-house canvassing of home owners who do not desire such solicita-
In addition to the foregoing civil sanctions, the bill would add a section
tion. Such an ordinance, prohibiting house-to-house canvassing by solicitors
to the Criminal Code (Title 18, U.S.C.) making criminal: the use of the mails
"not having been requested or invited" by the occupants, was upheld in
in violation of the measure; the wilful violation of any regulation of the
Breard V. Alexandria, 341 U.S. 622 (1951), against a challenge under the First
Postmaster General issued thereunder; or any sale of a list maintained by
Amendment by a magazine salesman. The majority stated that the First
the Postmaster General, or use thereof for an unauthorized purpose. 12 The
Amendment issue turned "upon a balancing of the conveniences between
maximum penalty is a fine of $5,000 or imprisonment for five years, or both,
some householders' desire for privacy and the publisher's right to distribute
which would be doubled for a second or subsequent offense.
publications in the precise way that those soliciting for him think brings the
Another section to be added to the Criminal Code would provide that
best results". 341 U.S. at 644. Justices Black and Douglas dissented, although
(1) evidence obtained by reason of compliance with this bill by a natural
stating that the ordinance would be valid when applied to a salesman of
person shall not be used against that person in a criminal proceeding, and
"pots".
(2) the performance of any act in compliance shall not be deemed an admis-
sion of any fact.
While the invasion of privacy by an unwelcome solicitor is greater than
that from delivery of a piece of mail that can be dropped in the wastebasket,
the Breard decision lends support to the position that Congress may act to
These two measures are defended on the ground that commercial advertis-
enable individuals to bar undesired advertisements from their mailboxes.
ing is not protected by the First Amendment.1 As applied to advertisements
That type of privacy protection, in an area which the States cannot reach,
for material which is so protected, that position is untenable. Whatever may
can be afforded only by Federal legislation.
be the scope of permissible legislative interference with advertisements for
On the other hand, it must be recognized that any legislation in this area
ordinary articles of commerce,14 restraints on advertisements for books and
would restrict to some degree the distribution of material which is protected
motion pictures obviously inhibit the distribution of such constitutionally
by the First Amendment. The definition of a "sexually oriented advertise-
protected forms of expression. "This would deprive such materials, which
ment" in H.R. 10867 embraces advertisements quoting from marriage man-
might otherwise be entitled to constitutional protection, of a legitimate and
uals, as well as from works which are generally recognized as great literature.
recognized avenue of access to the public." 15
Vagueness also results when judicial tests of obscenity are abandoned. It
Since a non-obscene "advertisement or solicitation" for protected mate-
would impose a heavy burden on a disseminator to try to determine at his
rial is itself protected by the First Amendment regardless of its commercial
peril whether any particular advertisement was covered by the statutory
8
9
definition, particularly since that definition has not been marked out by judi-
impose the trouble and expense which would be involved in compliance
cial guide posts.
with H.R. 10867.
Furthermore, H.R. 10867 places significant financial burdens on dissemi-
While it is impossible to predict whether proposals of this kind would sur-
nators which are not necessary to accomplish the Congressional purpose.
vive constitutional challenge, we conclude that they would have the best
The requirement that they pay a fee for access to the Postmaster's list and
chance of meeting judicial scrutiny and would constitute the most defensible
the authority given the Postmaster to require that a distinctive marking be
form of Federal intervention in this area, if there is to be any Federal inter-
placed on the material covered by the statute seem particularly objection-
vention at all.
able. Finally the administrative remedy provided in the bill that an of-
More light may be shed on this constitutional issue when the Supreme
fender may be barred from future use of the mails for any sexually oriented
Court adjudicates Rowan V. Post Office Dept., which is now pending before
advertisements, even including those which are constitutionally protected,
it on the validity of the Pandering Advertisement Act of 1967. The 1967 Act
mailed to willing recipients and unrelated to his prior offense, imposes a
is narrower than the modification of H.R. 10867 previously discussed in that
drastic penalty.
only the particular disseminator who had previously sent material to an
For all these reasons, H.R. 10867 in its present form must be disapproved.
objecting recipient would be barred from sending additional material. Un-
It is our conclusion, however, that if any Federal legislation is to be en-
doubtedly one of the reasons for Congressional interest in a broader statute
acted to limit the distribution of these materials, the approach taken by H.R.
is concern that the 1967 Act is so limited that it does not afford adequate
10867 is the one which shows the most promise. For it seeks only to enforce
protection to objecting recipients, particularly in light of the common prac-
the right of privacy of individuals who voluntarily determine they do not
tice of selling mailing lists from one disseminator to another. A broader
wish to receive objectionable material and imposes no restraint on com-
statute, such as the modification of H.R. 10867 previously discussed, would
munication to non-objecting recipients. It also covers an area where Federal
protect an objecting recipient from all disseminators of the same type of
action is the most justified since the mails have become a substantial route
material. Whether it would be constitutional may be clearer after the Su-
for dissemination of this type of material, and one which the States have no
preme Court decision in Rowan.
power to regulate.
To the extent that the advertisements referred to in the President's mes-
A statute similar to H.R. 10867 could be more narrowly drawn so as to
sage and in the complaints to Congress are themselves obscene under the
impose minimum burdens on disseminators while still protecting unwilling
Roth-Fanny Hill test, they may, of course, be the basis of criminal prosecu-
recipients from the kind of material which they find objectionable. Such a
tions under the present statute. Even if not themselves obscene, their pan-
statute would require the Postmaster to make available free of charge and
dering character may, under Ginzburg, support prosecutions for the sale of
at a single, convenient location the names of all those who notified him that
the works which they are designed to promote. Certainly the mailing of much
they did not wish to receive material which came under the Ginsberg test of
of the material which has provoked the present rash of bills is now illegal.
variable obscenity as to minors. The wilful mailing of such material to any
If the current drive by the Department of Justice¹⁸ shows that the criminal
person whose address had been on the list for more than 30 days could be
sanction under the present law is inadequate, consideration might be given
made a crime and also result in appropriate administrative remedies. Such a
to administrative measures against the obscene material which is now illegal,
statute would more easily enable disseminators to determine which materials
particularly with respect to mailings from abroad which cannot be reached
it applied to by adopting the standards developed by the courts. It would
by criminal prosecutions.
impose an insubstantial burden on disseminators to check their mailing lists
We believe that there is great danger, however, in any measure that would
against the Postmaster's master list.
apply to the distribution of material which fails to meet the threefold ob-
Other improvements along similar lines are contained in a proposal em-
scenity standard adopted by the Supreme Court. A prosecutor authorized to
bodied in the tentative draft of a statute that is appended to the Progress
proceed against any sexually oriented advertising may well consider himself
Report, issued in July 1969, of the Commission on Obscenity and Pornog-
empowered, if not compelled, to take action which could materially inhibit
raphy which was created under an act of Congress passed in 1967.17 That
the distribution of significant works of literature such as "Ulysses." In Man-
measure contains a broad definition of "potentially offensive sexual mate-
ual Enterprises, Inc. V. Day, Mr. Justice Harlan wrote:
rial." It would require that every mailer of such material place on the en-
velope or wrapper a symbol prescribed by the Postmaster General, and would
To consider that the "obscenity" exception in "the area of constitu-
require that official to devise and implement procedures to prevent the de-
tionally protected speech or press," Roth, at 485, does not require any
livery of mail bearing the symbol to those who had given notice that they do
determination as to the patent offensiveness vel non of the material
not wish to receive unsolicited material of that character. Failure to place
itself might well put the American public in jeopardy of being denied
the symbol on unsolicited potentially offensive material would subject the
access to many worthwhile works in literature, science, or art. For one
mailer to criminal penalties, but that relatively simple requirement does not
would not have to travel far even among the acknowledged master-
pieces in any of these fields to find works whose "dominant theme"
10
11
might, not beyond reason, be claimed to appeal to the "prurient in-
FOOTNOTES
terest" of the reader or observer. We decline to attribute to Congress
any such quixotic and deadening purpose as would bar from the
1 The New York Times for November 3, 1969, p. 35, quotes one Congressman as
having said that "he was receiving more mail from outraged constituents on the
mails all material, not patently offensive, which stimulates impure
growth of pornography than on any other subject in his sixteen years in Congress."
desires relating to sex. Indeed such a construction of §1461 would
2 The same privacy measure is included in H.R. 10877, which contains a proposal
doubtless encounter constitutional barriers. 37° U.S. at 487.
to increase postal rates.
3 The House Judiciary Committee is currently holding hearings on H.R. 11031
CONCLUSION
and H.R. 11032. Both S. 2073 and S. 2074 were reported without hearings by the
Juvenile Delinquency Subcommittee to the Senate Judiciary Committee. Hearings
We oppose enactment of all of the pending Congressional bills discussed
are to be held on the two bills shortly. H.R. 10867 has been the subject of hearings
above. While we do not take a position at this time on the desirability
before the Subcommittee on Postal Operations of the House Committee on Post
of any Federal legislation in this area, we suggest that if any such legisla-
Office and Civil Service.
tion is enacted, it be only for the purpose of protecting an objecting in-
4 The pertinent portion of the statute reads:
dividual's right to privacy with the minimum possible burden imposed on
Every obscene, lewd, lascivious, indecent, filthy or vile article, matter,
disseminators.
thing, device, or substance; and-
February 2, 1970
Every written or printed card, letter, circular, book, pamphlet, advertise-
ment, or notice of any kind giving information, directly or indirectly, where,
COMMITTEE ON FEDERAL LEGISLATION
or how, or from whom, or by what means any of such mentioned matters,
articles, or things may be obtained or made
THE ASSOCIATION OF THE BAR OF THE CITY OF NEW YORK
Is declared to be nonmailable matter and shall not be conveyed in the
mails or delivered from any post office or by any letter carrier.
SHELDON H. ELSEN, Chairman
Whoever knowingly uses the mails for the mailing, carriage in the mails,
JOHN F. CANNON
THOMAS V. HEYMAN
or delivery of anything declared by this section to be nonmailable, or know-
HARVEY P. DALE
DAVID M. LEVITAN
ingly causes to be delivered by mail according to the direction thereon, or
NANETTE DEMBITZ (Hon.)
ARTHUR L. LIMAN
at the place at which it is directed to be delivered by the person to whom
AMBROSE DOSKOW
JEROME LIPPER
it is addressed, or knowingly takes any such thing from the mails for the
MICHAEL S. FAWER
JOHN LOWENTHAL
purpose of circulating or disposing thereof, or of aiding in the circulation or
JOHN D. FEERICK
JAMES H. LUNDQUIST
disposition thereof, shall be fined not more than $5,000 or imprisoned not
PETER M. FISHBEIN
MICHAEL G. MARKS
more than five years
MAHLON FRANKHAUSER
EDWARD A. MILLER
5 Statement of Senator Goldwater, The Congressional Record, November 21, 1969,
ROBERT L. FRIEDMAN
ALAN PALWICK
p. S. 14834.
ROBERT J. GENIESSE
WILLIAM B. PENNELL
6 Rowan V. United States Post Office Dept., 300 F. Supp. 1036 (C.D. Calif. 1969).
R. KENT GREENAWALT
LEONARD B. SAND
7 Rowan V. United States Post Office Dept., No. 399, October Term 1969, probable
CONRAD K. HARPER
IRVING YOUNGER (Hon.)
jurisdiction noted, 38 U.S.L. Week 3153 (10/26/69), argued, 38 U.S.L. Week 3278
(1/22/70).
8 That concern is reflected in a finding which would be made by Congress that is
embodied in both H.R. 10867 and H.R. 10877.
9 Roth V. United States, 354 U.S. 476, 504, fn. 5 (1957) (Harlan, J.).
10 The sanction for violation of this portion of the bill is unclear. Reference to
the proscribed matter would be inserted in 39 U.S.C. $4006, which gives the Post-
master General authority to return letters to the sender marked "unlawful." A
section making the mailing of "sexually oriented advertisements" criminal contains
a reference to Section 4011 which is obviously intended to relate to the advertising
Section, 4012. (That Section is numbered 4011 in H.R. 10877.)
11 An effort to adapt the New York statute to a Federal measure is embodied in
S. 2676, introduced by Senator Tydings for 20 senators, on which there has been no
committee action. That bill would exert the Federal commerce power to its extreme
limit so that it would reach local sales to minors of material which "has been or
will be shipped in interstate commerce or by the United States mails." It would
also prohibit the sale to minors of tickets to see a motion picture which had been
shipped in interstate commerce and which is obscene for minors under the Ginsberg
12
test.
13
12 See footnote 10 supra.
13 Statement of Assistant Attorney General William H. Rehnquist before Sub-
committee No. 3 of the Committee on the Judiciary, House of Representatives,
September 25, 1969.
14 Cf. Valentine V. Chrestensen, 316 U.S. 52 (1942).
15 Manual Enterprises, Inc. V. Day, 37° U.S. 478, 493 (1962) (Harlan, J.).
16 The Supreme Court has repeatedly applied the rule that "inhibition as well as
prohibition against the exercise of First Amendment rights is a power denied to
government". Lamont V. Postmaster General, 381 U.S. 301, 309 (1965) (concurring
opinion of Brennan, J.); see Smith V. California, 361 U.S. 147 (1959); Speiser V.
Randall, 357 U.S. 513 (1958).
17 The Commission was appointed by President Johnson in January 1968 pursu-
ant to Public Law 90-100. Its final report is due by July 31, 1970. Since the Com-
mission's proposed draft is itself only tentative at present, our comments in the
text do not constitute an endorsement of that draft but are included to illustrate
a possible alternative to the bills now pending. We defer fuller consideration of the
Commission's draft until its final report has been issued.
18 See Statement of Senator Goldwater, Congressional Record, November 21,
1969, p.S. 14834.
14
91sT CONGRESS
HOUSE OF REPRESENTATIVES
REPORT
2d Session
No. 91-908
PROTECTION OF MINORS AND OF RIGHT OF PRIVACY
FROM SEXUALLY ORIENTED MAII
MARCH 16, 1970.-Committed to the Committee of the Whole House on the State
of the Union and ordered to be printed
Mr. Nix, from the Committee on Post Office and Civil Service,
submitted the following
REPORT
(together with
INDIVIDUAL VIEWS)
[To accompany H.R. 15693]
The Committee on Post Office and Civil Service, to whom was
referred the bill (H.R. 15693) to amend title 39, United States Code,
to exclude from the mails as a special category of nonmailable matter
certain material offered for sale to minors, to protect the public from
the offensive intrusion into their homes of sexually oriented mail
matter, and for other purposes, having considered the same, report
favorably thereon without amendment and recommend that the bill
do pass.
PURPOSE
H.R. 15693 has two purposes-the protection of those under 17
from mailings harmful to minors and the protection of the privacy of
those mail patrons who do not want to receive sexually oriented
advertising.
BACKGROUND
H.R. 15693 is a bill developed by the committee and is based, with
certain changes, on H.R. 10867 introduced by Mr. Dulski, Mr. Nix,
Mr. Corbett, Mr. Cunningham, and Mr. Rogers of Florida on May
5, 1969.
Title I of H.R. 15693 is similar to the provisions of a new section
4011 of title 39, United States Code, included in H.R. 10867 and
H.R. 12030 introduced by Mr. White. There are two differences,
however.
37-006-70-1
3
2
In the definitions of a proposed new section 4011 of title 39, United
(1) Reflect a specific and limited concern for juveniles (see
States Code, a definition of the term "harmful to minors" has been
Prince V. Massachusetts, 321 U.S. 158, Butler V. Michigan, 352
added to the five definitions contained in H.R. 10867. This term is
U.S. 380);
defined in three elements. It comprises matter that (1) is of pre-
(2) Reflect a concern for an assault upon privacy by a publi-
domonant appeal to prurient interest, (2) is offensive to prevailing
cation in a manner SO obtrusive as to make it impossible for an
standards in the adult community concerning what is suitable mate-
unwilling individual to avoid exposure to it (Breard V. Alexandria,
rial for minors, and (3) is substantially without redeeming social value.
341, U.S. 622, Public Utilities V. Pollak, 343 U.S. 451); or
The word "substantially" has been adopted from a like standard in
(3) Reflect a concern with "pandering" (as defined in Ginzburg
H.R. 11031, introduced at the administration's request by Mr. Mc-
V. United States, 383 U.S. 463).
Culloch, which bill is now before the Committee on the Judiciary.
H.R. 15693 reflects a concern for all three of these elements and
Criminal penalties identical to those in H.R. 10867 are provided
as such has a solid constitutional foundation.
for as sanctions in H.R. 15693, in contrast to administrative sanc-
TITLE I
tions under section 4006 of title 39, United States Code. Section 4006
was declared unconstitutional by a lower Federal court subsequent to
the introduction of H.R. 10867.
Title I of H.R. 15693 consists of congressional findings, an amend-
Title II of H.R. 15693 is identical, except for a technical change,
ment adding a new section 4011 to chapter 51 of title 39, United
to title II of H.R. 10877 introduced as an administration request by
States Code, and conforming amendments to section 1461 of title 18,
Mr. Cunningham, as well as the same provision in H.R. 10876 intro-
United States Code.
duced by Messrs. Corbett, Meskill, Gross, Johnson of Pennsylvania,
This title is based almost entirely on a New York State statute,
and Lukens; and H.R. 10881 introduced by Mr. Charles H. Wilson.
New York penal law section 484-h, as enacted by L. 1965, c. 327,
The technical change referred to begins on line 20 and ends on line
which was upheld by the U.S. Supreme Court case of Ginsberg V. New
21 of page 7 of H.R. 15693, and consists of the insertion of the phrase
York, 390 U.S. 629 (1968) under a theory of variable obscenity-that
"if such person has reached the age of twenty-one years."
is, that a thing may be obscene as it affects minors, while not being
obscene for adults. Justice Brennan in his opinion held that it was
STATEMENT
not unreasonable for a legislature to make legislative findings based
on a theory of variable obscenity.
The committee, in reporting H.R. 15693, has acted to solve the
The standard for obscenity for adults is contained in the basic case
problem created by mass mailings of obscene materials to minors and
upholding the constitutionality of 18 U.S.C. 1461 (Roth V. United
the mass of unsolicited sexually oriented advertisements going through
States, 354 U.S. 476 (1957)), where the test for obscenity was said to
the U.S. mails, and at the same time present for approval by the
be "whether to the average person, applying contemporary standards,
House of Representatives legislation which is constitutional.
the dominant theme of the material taken as a whole appeals to
The Subcommittee on Postal Operations held 5 days of public
prurient interest."
hearings and took direct testimony from 30 witnesses, as well as
The term "prurient" (which is used in H.R. 15693) is defined in
receiving for inclusion in the hearing record 38 statements and
footnote 20 of the Roth decision as "a shameful or morbid interest in
communications.
nudity, sex, or exeretion, and it goes substantially beyond customary
In addition, a survey by mail was made of the 50 State Governors,
limits of candor in description or representation of such matters."
50 State attorneys general, and 50 mayors of our largest cities. A total
H.R. 15693, in subsection (b)(6) of the new section 4011, adopts
of 92 replies were received. Foreign embassies were also contacted,
from the New York State statute a three-element definition of ma-
including the Embassies of Great Britain, France, Germany, Italy,
terial harmful to minors-that is, material which-
the Netherlands, Denmark, Finland, Norway, Brazil, and Portugal.
(a) Predominantly appeals to the prurient, shameful, or mor-
Many distinguished Americans from the fields of literature, law,
bid interest of minors; and
and medicine, submitted statements which were included in the
(b) Is offensive to prevailing standards in the adult com-
hearing record. In addition, numerous articles by other persons with
munity concerning what is suitable material for minors; and
an interest in this problem were also included in the hearing record.
(c) Is substantially without redeeming social value for minors.
The word "substantially" in the third such element replaces the
CONSTITUTIONALITY
word "utterly" in the New York State statute, which was used as part
of the social value test for obscenity in the U.S. Supreme Court case
The Supreme Court of the United States has indicated in its more
of Memoirs V. Massachusetts, 383 U.S. 413 (1966), a plurality opinion
recent opinions a constitutional basis for legislation on the subject
by Justice Brennan in which he was joined by Chief Justice Warren
of obscenity and privacy.
and Justice Fortas. This substitution of the word "substantially"
Justice Thurgood Marshall in the case of Redrup V. New York,
for "utterly" was first done in H.R. 11031, the administration bill
386 U.S. 767 (May 1967) set out in his opinion three separate bases
which is before the Committee on the Judiciary.
on which Government could reasonably legislate in the area of obscen-
ity. The three are the cases of statutes which-
4
5
The adverb "utterly" is defined in Webster's New World Dictionary
forms of expression do and that a different form of selling could be
as synonymous with the word "absolute," while the adverb "sub-
adopted by the companies involved which does not SO intrude on
stantially" is defined in the same dictionary as being synonymous
persons that they cannot avoid listening to the message.
with the words "important and essential,' "ample," or "large."
Title II of the bill does not define obscenity and is directed at
A lesser standard for the defining of material "harmful to minors"
material that is not necessarily in fact obscene. It protects the privacy
is provided because of the need to deal with a direct intrusion into the
of persons in the same manner that persons have a right to protection
home, through the mailbox, of obscene material and sexually oriented
from aggressive and offensive selling under the rule in Breard V.
advertising. The situtation dealt with by the New York State statute
Alexandria. Because title II is unrelated to obscenity as such, evidence
was less severe in that it involved the purchase of magazines from re-
gathered under its provisions could not be used in State prosecutions
tailers, where the purchase was made voluntarily and the retailer may
for violation of State obscenity laws.
not have known the contents of the magazine. In the Memoirs V.
The judicial enforcement provision of H.R. 15693 (the proposed
Massachusetts case, an action was brought against a book without
new section 4013 of title 39) provides a means of deciding immediately
evidence of any intrusion into the lives of persons in the community.
constitutional and other legal questions in a civil court procedure. The
At the present time, Justice, Brennan is the only remaining Supreme
Postmaster General may request the Attorney General to commence
Court Justice who was an original proponent of the "utterly without
a civil action in a Federal district court seeking an injunction or
redeeming social importance" test, since Chief Justice Warren and
restraining order. This is an improvement over the use of an adminis-
Justice Fortas have resigned from the Court.
trative hearing and avoids the pitfalls set out in Freedman V. Maryland
An affirmative defense is provided in the amendments made by
(380 U.S. 51, 1955) and Manual Enterprises, Inc. V. Day (370 U.S.
section 103 of H.R. 15693 to protect mailers who merely require that
478, 1962). These cases held that it was vital that constitutional
those who send purchase orders state that they are adults. Compliance
questions and questions of law involved in administrative proceedings
with this requirement would be sufficient grounds to sustain the
be brought to the attention of a court as soon as possible in order to
affirmative defense thereby entitling the mailer to a finding, that the
avoid violations of constitutional rights.
mailing was not in violation of the new statute. As a result only those
Under new section 4013, these matters would be brought before a
mailers who do not receive such a statement, or who send unsolicited
court in the first instance rather than waiting for findings of fact by an
obscenity through the mails, could be successfully prosecuted. Such
administrative agency.
an affirmative defense and related provisions of the bill meet the
The new section 4013 provides broad discretion for the courts in the
requirement of Butler V. Michigan 352 U.S. 380, 1957, that juvenile
civil proceedings as to the type of court order that may be issued, in
obscenity regulations cannot preclude such material from reaching
that mailers may be barred from mailings to specific persons or all
the hand of adults. Thus, under this provision adults may order
persons and postmasters may be ordered to return mail directed to
what they wish.
mailer organizations as in violation of the new section 4012.
TITLE II
The criminal provisions of this title, contained in the proposed new
section 1735 of title 18, relate to prosecutions for ignoring the public
Title II of H.R. 15693 consists of congressional findings, amend-
notice provided by the list maintained by the Postmaster General. A
ments adding new sections 4012 and 4013 to chapter 51 of title 3
second provision involves criminal sanctions in situations where the
amendments. and new sections 1735 and 1736 to title 18, U.S. Code, and conforming
mailing list is misused by transferring to others and/or using the list
for a commercial purpose or use other than the specific purpose set out
This title protects the privacy of individuals, and of minors they
in law.
are responsible for, from the intrusion into the home of unwanted
Evidence and information obtained as a result of fulfilling the re-
sexually oriented advertising.
quirements of the new section 4012(a) of title 39-that is, marking the
The new section 4012 provides for the maintenance by the Post-
envelope in conformity with postal regulations on sexually oriented
master General of a register of the names and addresses of those
advertising-cannot be used in criminal proceedings against an indi-
persons (and minors they are responsible for) who object to receiving
vidual. This protection for mailers is provided by the proposed new
"sexually oriented advertising through the mail."
section 1736 of title 18.
Sexually oriented advertising is very specifically defined as repre-
sentations of human genitalia in a predominantly sexual context,
EXPLANATION OF H.R. 15693 BY SECTION
natural or unnatural intercourse, sadism, or masochism.
A written work would fall within the prohibitions of the title only
TITLE I (PROTECTION OF MINORS PROVISION)
if advertisement. the work taken as a whole would constitute a sexually oriented
Section 101 of H.R. 15693 contains congressional findings bearing
This title is based on the Redrup case and the case cited therein
on the need for legislation to protect those under the age of 17 years
(Breard V. Alexandria, 341 U.S. 622) as support for the court's posi-
from mailings of obscene matter.
tion on privacy. In the Breard case, a city ordinance restricting door-
Section 102 amends chapter 51 of title 39, United States Code, by
to-door selling was upheld as a reasonable ordinance, on the basis
adding at the end thereof a new section 4011, which describes a special
that commercial speech does not have the same standing that other
category of nonmailable matter with respect to persons under 17 years
of age.
6
7
This new section defines the special category of nonmailable matter
parents to protect their children from exposure to material which
as visual representations or written descriptions of the human body
the parents believe is harmful to them. The section also sets forth
depicting nudity, sexual conduct, or sado-masochistic abuse, which
the determination by the Congress that such mailings are contrary
material is harmful to minors. "Harmful to minors" is defined as that
to the public policy of the United States.
quality of description which predominantly appeals to the prurient,
Section 202 amends chapter 51 of title 39, United States Code, by
shameful, or morbid interest of minors, is offensive to prevailing
adding at the end thereof new sections 4012 and 4013.
standards in the adult community concerning what is suitable material
Section 4012 upon enactment will provide that-
for minors, and is substantially without redeeming social value for
(a) persons who mail or cause to be mailed sexually oriented
minors.
advertisements are required to place a symbol (to be prescribed
Under this standard, a picture of a nursing mother, for example,
by the Postmaster General) and his name and return address
would not be considered prurient, would not offend national com-
on the envelope or cover used to send such mail.
munity standards, and would have at least some social value.
(b) permits any person to place his name, as well as those of his
A distinction is drawn in the "harmful to minor" definition under
children or others under 19 years of age who are in his care and
this section. Visual representations under section (1) are non-
custody, on a list of those who do not desire to receive sexually
mailable if they are harmful to minors, whereas section 4011(a)(2)(b),
oriented advertisements through the mails. This list shall be
which describes written material or sound recordings, the test is stated
maintained and kept current by the Postmaster General. It shall
as "taken as a whole, is harmful to minors." That test would protect
be made available to mailers upon payment of a reasonable service
a publication which contains sexually oriented advertising but which
charge. No such mailings shall be made to persons who have been
itself is not entirely sex oriented.
SO listed for more than 30 days.
Subsection (c) contains specific definitions of the terms minor,
(c) prohibits persons from trafficking in such lists and restricts
nudity, sexual conduct, sexual exictement, sado-masochistic abuse,
their use to the sole purpose authorized by this legislation.
and harmful to minors. Nudity is defined as the showing of the human
(d) Sexually oriented advertisements are defined in a manner
male or female genitals, pubic area, or buttocks with less than a fully
designed to cover material found to be most offensive to a sub-
opague covering, or the showing of the female breast with less than
stantial number of citizens. Material which meets this definition
a fully opaque covering of any portion thereof below the top of the
but only constitutes a small and insignificant part of the subject
nipple, or the depiction of covered male genitals in a discernibly
work, the remainder of which is not primarily devoted to sexual
turgid state.
matters, will not fall within the prohibition of this legislation.
Subsection (d) states that this legislation does not amend, preempt,
Section 4013(a) permits the Postmaster General to request that
limit, modify, or otherwise change antiobscenity provisions in title 18
the Attorney General of the United States institute a civil action in a
or title 39, the criminal and postal service provisions of the United
Federal district court to seek an injunction to restrain an offending
States Code, respectively.
mailer from sending any sexually oriented advertisements to a specific
Section 103 contains several conforming amendments to the anti-
addressee, group of addresses, or to all persons. The court order may
obscenity provisions of section 1461 of title 18, United States Code.
also direct any postmaster to refuse to accept for mailing such matter
Subparagraph (1) amends section 1461 by adding the words "or
and to withhold, under certain conditions, relevant mail addressed
section 4011 of title 39," thus extending the sanctions of this crim-
to such sender.
inal statute to violations of title I of H.R. 15693.
Subsection (b) provides that where remittances may be made to a
At the same time, subparagraph (2) adds an affirmative defense for
person named in a sexually oriented advertisement, such person is
mailers charged under such section 1461. This défense consists of
presumed to be the agent for the mailer, thereby making subsection
evidence to substantitate a reasonable belief on the mailer's part that
(a) more readily enforceable.
the addressee was an adult. A statement contained in requests for
Subsection (c) provides that a Federal District Court also may
mailed material (which otherwise would fall within the prohibition of
enter a temporary restraining order or preliminary injunction upon
title I) that the addressee is an adult is sufficient to demonstrate that
the showing of probable cause that the statute is being violated. The
reasonable belief. Thus, the only mailed material falling within the
temporary order may also include provisions similar to those in sub-
prohibition would be that which is harmful to minors and is either
section (b).
unsolicited or is solicited by a person who does not affirm that he is
Subsection (d) provides that such civil actions may be brought in
an adult.
the judicial district in which the defendant resides, or has his principal
TITLE II
place of business, or in which any sexually oriented advertisement
has been mailed in violation of section 4012.
Section 201 contains congressional findings as follows: (1) that
Subsection (e) provides that legislation dealing with obscenity in
the U.S. mail is being used to exploit sexual sensationalism for com-
title 18 and title 39 is not amended or repealed by these provisions.
mercial gain, (2) that much of the matter consists of unsolicited
Section 203 amends chapter 83, title 18, the criminal provisions of
mailings, (3) that such mailings are profoundly shocking and offensive
the United States Code, by adding two new sections, sections 1735
and, as unwarranted intrusions, violate the right of privacy, and (4)
and 1736.
that use of the mails for such matters reduces the ability of responsible
8
9
Section 1735 provides that willful violation of section 4012 of
title 39, or any postal regulation issued thereunder, including any
defenseless against the smut peddler; they have not ruled out reason-
person who sells or transfers the list maintained by the Postmaster
able government action.
General under section 4012, shall be subject to fines of up to $5,000
Cognizant of the constitutional structures, aware of recent Supreme
and/or imprisonment up to 5 years for a first offense, and fines of up
Court decisions, this administration has carefully studied the legal
to $10,000 and/or imprisonment of not more than 10 years for a second
terrain of this problem.
offense.
We believe we have discovered some untried and hopeful approaches
Section 1736 provides that no information or evidence obtained as a
that will enable the Federal Government to become a full partner with
result of compliance by a natural person with any provision of section
States and individual citizens in drying up a primary source of this
4012, or regulations thereunder, shall be used in a criminal proceeding.
social evil. I have asked the Attorney General and the Postmaster
Further, the performance of any act by a natural person in compliance
General to submit to Congress three new legislative proposals.
with this section shall not be deemed an admission of any fact, or
The first would prohibit outright the sending of offensive sex
otherwise be used, as evidence against that person in a criminal
materials to any child or teenager under 18. The second would pro-
proceeding. These provisions do not apply in the case of a prosecution
hibit the sending of advertising designed to appeal to a prurient inter-
for supplying false information.
est in sex. It would apply regardless of the age of the recipient. The
third measure complements the second by providing added protection
TITLE III (SEPARABILITY PROVISION AND EFFECTIVE DATE)
from the kind of smut advertising now being mailed, unsolicited, into
so many homes.
Section 301 provides that if any provision of this legislation is found
PROTECTING MINORS
invalid such findings shall not affect the remainder of the act.
Section 302 provides that the act shall become effective the first
Many States have moved ahead of the Federal Government in draw-
day of the sixth month which begins after the date of enactment.
ing distinctions between materials considered obscene for adults and
materials considered obscene for children. Some of these States, such
COST
as New York, have taken substantial strides toward protecting their
youth from materials that may not be obscene by adult standards
There is no basis at this time upon which estimates can be deter-
but which could be damaging to the healthy growth and development
mined of the costs to be incurred in enforcing the provisions of this
of a child. The U.S. Supreme Court has recognized, in repeated deci-
bill. However, the cost of the title II program for the maintenance of
sions, the unique status of minors and has upheld the New oak statute.
lists of those who do not desire to receive sexually oriented advertising
Building on judicial precedent, we hope to provide a new measure of
via the mails is intended to be self-sustaining through use of the
Federal protection for the young.
service charges levied by the Postmaster General.
I ask Congress to make it a Federal crime to use the mails or other fa-
cilities of commerce to deliver to anyone under 18 years of age material
EXECUTIVE COMMUNICATIONS
dealing with a sexual subject in a manner unsuitable for young people.
The administration supports H.R. 15693 in part. The message of the
The proposed legislation would not go into effect until the sixth
President and correspondence from the Post Office Department
month after passage. The delay would provide mailers of these material.
relating thereto follow:
time to remove from their mailing lists the names of all youngsters
under 18. The Federal Government would become a full partner with
To the Congress of the United States:
parents and States in protecting children from much of the interstate
American homes are being bombarded with the largest volume of
commerce in pornography. A first violation of this statute would be
sex-oriented mail in history. Most of it is unsolicited, unwanted, and
punishable by a maximum penalty of 5 years in prison and a $50,-
deeply offensive to those who receive it. Since 1964, the number of
000 fine; subsequent violations carry greater penalties.
complaints to the Post Office about this salacious mail has almost
doubled. One hundred and forty thousand letters of protest came in
PRURIENT ADVERTISING
during the last 9 months alone, and the volume is increasing. Mothers
and fathers by the tens of thousands have written to the White House
Many complaints about salacious literature coming through the
and the Congress. They resent these intrusions into their homes, and
mails focus on advertisements. Many of these ads are designed by the
they are asking for Federal assistance to protect their children against
advertiser to appeal exclusively to a prurient interest. This is clearly
exposure to erotic publications.
a form of pandering.
The problem has no simple solution. Many publications dealing
I ask the Congress to make it a federal crime to use the mails, or other
with sex-in a way that is offensive to many people-are protected
facilities of commerce, for the commercial exploitation of a prurient
under the broad umbrella of the first amendment prohibition against
interest in sex through advertising.
any law "abridging the freedom of speech, or of the press."
This measure focuses on the intent of the dealer in sex-oriented
However, there are constitutional means available to assist parents
materials and his method of marketing his materials. Through the
seeking to protect their children from the flood of sex-oriented ma-
legislation we hope to impose restrictions on dealers who flood the
terials moving through the mails. The courts have not left society
mails with grossly offensive advertisements intended to produce a
H. Rept. 91-908-2
10
11
market for their smut materials by stimulating the prurient interest
THE POSTMASTER GENERAL,
of the recipient. Under the new legislation, this form of pandering
Washington, D.C., May 2, 1969.
could bring a maximum penalty of 5 years imprisonment, and a fine
Hon. JOHN W. McCormack
of $50,000 for a first offense and 10 years and a fine of $100,000 for
Speaker of the House of Representatives,
subsequent offenses.
Washington, D.C.
INVASION OF PRIVACY
DEAR MR. SPEAKER: There is transmitted herewith a draft of a
There are other erotic sex-oriented advertisements that may be
proposed bill to adjust the postal revenues and to afford protection
to the public from intrusion into their homes through the postal service
constitutionally protected but which are, nonetheless, offensive to
the citizen who receives them in his home. No American should be
of sexually oriented mail matter, and for other purposes.
Title I of the bill contains the postal rate increases recommended
forced to accept this kind of advertising through the mails.
In 1967 Congress passed a law to help deal with this kind of pander-
by the President in his message of April 24, 1969, to the Congress.
Title II of the bill provides for the implementation of the President's
ing. The law permits an addressee to determine himself whether he
recommendation of May 2, 1969, to the Congress that the public be
considers the material offensive in that he finds it "erotically arousing
afforded relief from the invasion of the privacy of their homes by
or sexually provocative." If the recipient deems it so, he can obtain
from the Postmaster General a judicially enforceable order prohibiting
unwanted sexually oriented advertisements.
A detailed explanation of the craft legislation is also transmitted.
the sender from making any further mailings to him or his children,
I recommend enactment of this legislation.
and requiring the mailer to delete them from all his mailing lists.
The Bureau of the Budget has advised that there is no objection to
More than 170,000 persons have requested such orders. Many
the submission of this draft bill to the Congress and that its enact-
citizens however, are still unaware of this legislation, or do not know
ment would be in accord with the program of the President.
how to utilize its provisions. Accordingly, I have directed the Post-
master General to provide every Congressional office with pamphlets
Sincerely,
WINTON M. BLOUNT.
explaining how each citizen can use this law to protect his home
from offensive advertising. I urge Congress to assist our effort for the
widest possible distribution of these pamphlets.
THE GENERAL COUNSEL,
This pandering law was based on the principle that no citizen
POST OFFICE DEPARTMENT,
should be forced to receive advertisements for sex-oriented matter
Washington, D.C., February 18, 1970.
he finds offensive. I endorse that principle and believe its application
Hon. ROBERT N. C. Nix,
should be broadened.
Chairman, Subcommittee on Postal Operations, Committee on Post Office
I therefore ask Congress to extend the existing law to enable a citizen to
and Civil Service, House of Representatives, Washington, D.C.
protect his home from any intrusion of sex-oriented advertising-regardless
DEAR MR. CHAIRMAN: This is in response to your February 13
of whether or not a citizen has ever received such mailings.
request for the Department's views on H.R. 15693, a bill to amend
This new stronger measure would require mailers and potential
title 39, United States Code, to exclude from the mails as a special
mailers to respect the expressed wishes of those citizens who do not
category of nonmailable matter certain material offered for sale to
wish to have sex-oriented advertising sent into their homes. These
minors, to protect the public from the offensive intrusion into their
citizens will put smut-mailers on notice simply by filing their objec-
homes of sexually oriented mail matter, and for other purposes.
tions with a designated postal authority. To deliberately send such
This measure relates to matters covered by the President in his
advertising to their homes would be an offense subject to both civil
message of May 5, 1969, to the Congress regarding the problem of
and criminal penalties.
offensive sex-oriented mail. As the President pointed out, much of
As I have stated earlier there, is no simple solution to this problem.
this material is unsolicited and unwanted-and a great many parents
However, the measures I have proposed will go far toward protecting
are deeply concerned over the possibility of such mail falling into the
our youth from smut coming through the mails; they will place new
hands of their children.
restrictions upon the abuse of the postal service for pandering pur-
The President made three legislative proposals to deal with this
poses; they will reinforce a man's right to privacy in his own home.
problem. The first of these statutes would make it a Federal crime
These proposals, however, are not the whole answer.
to use the mails or other facilities of commerce to deliver to anyone
The ultimate answer lies not with the government but with the
under 18 years of age material dealing with a sexual subject in a
people. What is required is a citizens' crusade against the obscene.
manner unsuitable for young people. H.R. 11031, if enacted, would
When indecent books no longer find a market, when pornographic
carry out this objective. The second legislative proposal would make it
films can no longer draw an audience, when obscene plays open to
a Federal crime to use the mails or other facilities of commerce for
empty houses, then the tide will turn. Government can maintain the
the commercial exploitation of prurient interest in sex through
dikes against obscenity, but only people can turn back the tide.
advertising. H.R. 11032 embodies this recommendation. The third
RICHARD NIXON.
statute proposed by the President would broaden the right of a
THE WHITE HOUSE, May 2, 1969.
citizen to protect the privacy of his home from invasion by unwanted
sex-oriented advertising. Title II of H.R. 10877 covers this recom-
mendation.
12
13
Title II of H.R. 15693 is substantially identical to title II of H.R.
§ 4011. Special category of nonmailable matter with respect to
10877. Title I of H.R. 15693 covers the same general subject as H.R.
minors
11031-the distribution to young persons of sex-oriented matter
harmful to them-but it treats the subject somewhat differently
(a) The mails may not be used to make to a minor a sale, delivery, or
than H.R. 11031.
distribution, or an offer for a sale, delivery, or distribution, of any matter
Both bills would prohibit use of the mails to deliver certain sex-
described in this section. Such matter constitutes a special category of
oriented material to minors below a specified age. In addition to differ-
nonmailable matter with respect to minors, as follows:
ences in the definition of the material that would be covered by the
law, the measures differ in the following respects:
(1) any picture, photograph, drawing, sculpture, motion picture
(1) H.R. 15693 would apply only to the use of the mails, while
film, or similar visual representation or image of a person or a portion
H.R. 11031 would also apply to transportation in interstate
of the human body, which-
commerce outside the mails;
(A) depicts nudity, sexual conduct, or sadomasochistic abuse;
(2) H.R. 15693 would prohibit delivery of the harmful material
and
to minors 16 years of age and under, while H.R. 11031 would
(B) is harmful to minors; or
apply to persons 17 years of age and under; and
(2) any book, pamphlet, magazine, or other printed matter, however
(3) The maximum criminal penalties that could be imposed
reproduced, and any sound recording, which-
under H.R. 15693 would be substantially lower than the maxi-
A depicts nudity, sexual conduct, or sadomasochistic abuse or
mum penalties prescribed by H.R. 11031.
contains explicit and detailed verbal descriptions or narrative
We strongly support the objectives sought to be achieved by H.R.
accounts of sexual excitement, sexual conduct, or sadomasochistic
15693. In view of the differences between title I of that bill and the
abuse; and
provisions of the corresponding administration bill, H.R. 11031, how-
(B) taken as a whole, is harmful to minors.
ever, the Department favors the enactment of H.R. 11031 and H.R.
(b) If deposited in the mails for delivery to a residence in which a minor
10877 in lieu of H.R. 15693.
resides, matter which is described in subparagraph (1) or subparagraph
The Bureau of the Budget has advised that there is no objection to the
(2) of subsection (a) of this section, or which constitutes or contains an
submission of this report to the committee from the standpoint of the
offer or advertisement therefor or information as to where or how such
administration's program and that enactment of H.R. 11031, H.R.
matter may be obtained, shall be deemed to have been deposited in the mail
11032, and H.R. 10877 would be in accord with the program of the
for delivery to such minor, unless such matter is contained in a sealed
President.
envelope or sealed wrapper which conceals completely the contents and
Sincerely,
unless such wrapper or envelope is clearly, specifically, and personally
DAVID A. NELSON
addressed to an adult who resides at that residence.
(c) As used in this section-
CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED
(1) "minor" means any person under the age of seventeen years;
(2) "nudity" means the showing of the human male or female
In compliance with clause 3 of rule XIII of the Rules of the House
genitals, pubic area, or buttocks with less than a fully opaque covering,
of Representatives, changes in existing law made by the bill, as re-
or showing of the female breast with less than a fully opaque covering
ported, are shown as follows (existing law proposed to be omitted is
of any portion thereof below the top of the nipple, or the depiction
enclosed in black brackets, new matter is printed in italic, existing
of covered male genitals in a descernibly turgid state;
law in which no change is proposed is shown in roman):
(3) "sexual conduct" means acts of masturbation, homosexuality,
sexual intercourse, or physical contact with a person's covered or
CHAPTER 51 OF TITLE 39, UNITED STATES CODE
exposed genitals, pubic area, buttocks or, if such person be a female,
breast;
Chapter 51.-NONMAILABLE MATTER
(4) "sexual excitement". means the condition of human male or
Sec.
female genitals when in a state of sexual stimulation or arousal;
4001. Nonmailable matter.
4002. Nonmailable fourth class matter.
(5) "sadomasochistic abuse" means (A) Aagellation or torture by or
4003. Mail bearing a fictious name or address.
upon a nude person or a person clad in undergarments, a mask, or
4004. Delivery of mail to persons not residents of the place of address.
bizarre costume, or (B) the condition of being fettered, bound, or other-
4005. False representations; lotteries.
wise physically restrained on the part of a nude person or a person 80
4006. "Unlawful" matter.
4007. Deterntion of mail for temporary periods.
clothed;
4008. Communist political propaganda.
(6) "harmful to minors" means that quality of any description or
4009. Prohibition of pandering advertisement in the mails.
representation, in whatever form, of nudity, sexual conduct, sexual
4010. Nonmailable motor vehicle master keys.
excitement, or sadomasochistic abuse, when it
4011. Special category of nonmailable matter with respect to minors.
4012. Mailing of sexually oriented advertisements.
(A) predominantly appeals to the prurient, shameful, or
4013. Judicial enforcement.
morbid interest of minors; and
14
15
(B) is offensive to prevailing standards in the adult commu-
(2) a direction to any postmaster to whom sexually oriented ad-
nity concerning what is suitable material for minors; and
vertisements originating with such defendant are tendered for trans-
(C) is substantially without redeeming social value for
mission through the mails to refuse to accept such advertisements
minors.
for mailing; and
(d) Nothing in this section shall be construed as amending, preempting,
(3) a direction to any postmaster at the office at which registered or
limiting, modifying, or otherwise in any way affecting section 1461 or 1463
certified letters or other letters or mail arrive, addressed to the de-
of title 18 or section 4006, 4007, 4009, 4012, or 4013 of this title.
fendant or his representative, to return the registered or certified letters
§ 4012. Mailing of sexually oriented advertisements
or other letters or mail to the sender appropriately marked as being
in response to mail in violation of section 4012 of this title, after the
(a) Any person who mails or causes to be mailed any sexually oriented
defendant, or his representative, has been notified and given reasonable
advertisement shall place on the envelope or cover thereof his name and
opportunity to examine such letters or mail and to obtain delivery of
address as the sender thereof and such mark or notice as the Postmaster
mail which is clearly not connected with activity in violation of sec-
General may prescribe.
(b) Any person, on his own behalf, or, if such person has reached the
tion 4012 of this title.
(b) The statement that remittances may be made to a person named in
age of twenty-one years, on the behalf of any other person who has not
a sexually oriented advertisement is prima facie evidence that such
attained the age of nineteen years and who resides with him or is under
named person is the agent or representative of the mailer for the receipt of
his care, custody, or supervision, may file with the Postmaster General a
remittances on his behalf. The court is not precluded from ascertaining
statement, in such form and manner as the Postmaster General may
the existence of the agency on the basis of any other evidence.
prescribe, that he desires to receive no sexually oriented advertisements
(c) In preparation for or during the pendency of a civil action under
through the mails. The Postmaster General shall maintain and keep cur-
subsection (a) of this section, a district court of the United States, upon
rent, insofar as practicable, a list of the names and addresses of such
application therefor by the Attorney General and upon a showing of
persons and shall make the list (including portions thereof or changes
therein) available to any person, upon such reasonable terms and condi-
probable cause to believe the statute is being violated, may enter a temporary
restraining order or preliminary injunction containing such terms as the
tions as he may prescribe, including the payment of such service charge as
court deems just, including, but not limited to, provisions enjoining the
he determines to be necessary to defray the costs of compiling and main-
taining the list, keeping it current, and making it available as provided
defendant from mailing any sexually oriented advertisement to any
person or class of persons, directing any postmaster to refuse to accept
in this sentence. No person shall mail or cause to be mailed any sexually
such defendant's sexually oriented advertisements for mailing, and direct-
oriented advertisement to any individual whose name and address has
ing the detention of the defendant's incoming mail by any postmaster
been on the list for more than thirty days.
pending the conclusion of the judicial proceedings. Any action taken by
(c) No person shall sell, lease, lend, exchange, or license the use of, or,
a court under this subsection does not affect or determine any fact at issue
except for the purpose expressely authorized by this section, use any
in any other proceeding under this section.
mailing list compiled in whole or in part from the list maintained by the
(d) A civil action under this section may be brought in the judicial
Postmaster General pursuant to this section.
district in which the defendant resides, or has his principal place of
(d) "Sexually oriented advertisement" means any advertisement that
business, or in which any sexually oriented advertisement mailed in
depicts, in actual or simulated form, or explicitly describes, in a pre-
violation of section 4012 has been delivered by mail according to the
dominantly sexual context, human genitalia, any act of natural or un-
direction thereon.
natural sexual intercourse, any act of sadism or masochism, or any other
(e) Nothing in this section or in section 4012 shall be construed as
erotic subject directly related to the foregoing. Material otherwise within
amending, preempting, limiting, modifying, or otherwise in any way
the definition of this subsection shall be deemed not to constitute a sexually
affecting section 1461 or 1463 of title 18 or section 4006, 4007, 4009, or
oriented advertisement if it constitutes only a small and insignificant part
4011 of this title.
of the whole of a single catalog, book, periodical, or other work the
remainder of which is not primarily devoted to sexual matters.
Title 18, United States Code
§ 4013. Judicial enforcement
(a) Whenever the Postmaster General believes that any person is mailing
§ 1461. Mailing obscene or crime-inciting matter.
or causing to be mailed any sexually oriented advertisement in violation of
Every obscene, lewd, lascivious, indecent, filthy or vile article,
section 4012 of this title, he may request the Attorney General to commence a
matter, thing, device, or substance; and-
civil action against such person in a district court of the United States.
Every article or thing designed, adapted, or intended for preventing
Upon a finding by the court of a violation of that section, it may issue an
conception or producing abortion, or for any indecent or immoral
order including one or more of the following provisions as the court deems
use; and
just under the circumstances:
Every article, instrument, substance, drug, medicine, or thing which
(1) a direction to the defendant to refrain from mailing any
is advertised or described in a manner calculated to lead another to
sexually oriented advertisement to a specific addressee, to any group
use or apply it for preventing conception or producing abortion, or
of addressees, or to all persons;
for any indecent or immoral purpose; and
16
17
Every written or printed card, letter, circular, book, pamphlet,
Sec.
advertisement, or notice of any kind giving information, directly or
1705. Destruction of letter boxes or mail.
indirectly, where, or how, or from whom, or by what means any of
1706.
Injury to mail bags.
such mentioned matters, articles, or things may be obtained or made,
1707. Theft of property used by Postal Service.
1708. Theft or receipt of stolen mail matter generally.
or where or by whom any act or operation of any kind for the pro-
1709. Theft of mail matter by postmaster or employee.
curing or producting of abortion will be done or performed, or how
1710.
Theft of newspapers.
or by what means conception may be prevented or abortion produced,
1711. Misappropriation of postal funds.
whether sealed or unsealed; and
1712. Fassification of postal returns to increase compensation.
1713. Issuance of money orders without payment.
Every paper, writing, advertisement, or representation that any
1714. Foreign divorce information as nonmailable.
article, instrument, substance, drug, medicine, or thing may, or can,
1715. Firearms as nonmailable; regulations.
be used or applied for preventing conception or producing abortion,
1716. Injurious articles as nonmailable.
or for any indecent or immoral purpose; and
1716A. Nonmailable motor vehicle master keys.
1717. Letters and writings as nonmailable; opening letters.
Every description calculated to induce or incite a person to SO use
1718. Libelous matter on wrappers or envelopes.
or apply any such article, instrument, substance, drug, medicine,
1719. Franking privilege.
or thing-
1720. Canceled stamps and envelopes.
Is declared to be nonmailable matter and shall not be conveyed in
1721. Sale or pledge of stamps.
1722. False evidence to secure second-class rate.
the mails or delivered from any post office or by any letter carrier.
1713. Advoidance of postage by using lower class matter.
Whoever knowingly uses the mails for the mailing, carriage in the
1724. Postage on mail delivered by foreign vessels.
mails, or delivery of anything declared by this section or section 4011
1725. Postage unpaid on deposited mail matter.
of title 39 to be nonmailable, or knowingly causes to be delivered by
1726. Postage collected unlawfully.
1728. Weight of mail increased fraudulently.
mail according to the direction thereon, or at the place at which it is
1729. Post office conducted without authority.
directed to be delivered by the person to whom it is addressed, or
1730. Uniforms of carriers.
knowingly takes any such thing from the mails for the purpose of
1731. Vehicles falsely labeled as carriers.
circulating or disposing thereof, or of aiding in the circulation or
1732. Approval of bond or sureties by postmaster.
1733. Affidavits relating to second class mail.
disposition thereof, shall be fined not more than $5,000 or imprisoned
1734. Editorials and other matter as "advertisements."
not more than five years, or both, for the first such offense, and shall
1735. Sexually oriented advertisements.
be fined not more than $10,000 or imprisoned not more than ten
1736. Restrictive use of information.
years, or both, for each such offense thereafter.
It shall be an affirmative defense to a charge of violating section 4011
§ 1735. Sexually oriented advertisements
of title 39 that the defendant reasonably believed that the addressee of
the matter in question was an adult residing at the address shown on
Whoever willfully uses the mails for the mailing, carriage in the mails,
the sealed envelope or sealed wrapper referred to in section 4011(b) of
or delivery of any sexually oriented advertisement in violation of section
title 39. Such reasonable belief may be based upon reasonable reliance
4012 of title 39, or willfully violates any regulation of the Postmaster
by the person so charged on a purchase order or other declaration which
General issued under such section; or
such person in good faith believed to have been executed by the addressee,
Whoever sells, leases, rents, lends, exchanges, or licenses the use of, or,
representing such addressee to be an adult, or on other evidence.
except for the purpose expressly authorized by section 4012 of title 39,
The term "indecent", as used in this section includes matter of a
uses a mailing list maintained by the Postmaster General pursuant to such
section-
character tending to incite arson, murder, or assassination.
Shall be fined not more than $5,000 or imprisoned not more than five
years, or both, for the first offense, and shall be fined not more than $10,000
or imprisoned not more than ten years, or both, for any second or subse-
Chapter 83.-POSTAL SERVICE
Sec.
quent offense.
1691. Laws governing postal savings.
§ 1736. Restrictive use of information
1692. Foreign mail as United States mail.
1693. Carriage of mail generally.
(a) No information or evidence obtained by reason of compliance by a
1694. Carriage of matter out of mail over post routes.
natural person with any provision of section 4012 of title 39, or regulations
1695. Carriage of matter out of mail on vessels.
issued thereunder, shall, except as provided in subsection (c) of this section,
1696. Private express for letters and packets.
be used, directly or indirectly, as evidence against that person in a criminal
1697. Transportation of persons acting as private express.
1698. Prompt delivery of mail from vessel.
proceeding.
1699. Certification of delivery from vessel.
(b) The fact of the performance of any act by a natural person in
1700. Desertion of mails.
compliance with any provision of section 4012 of title 39, or regulations
1701. Obstruction of mails generally.
issued thereunder, shall not be deemed the admission of any fact, or
1702. Obstruction of correspondence.
1703. Delay or destruction of mail or newspapers.
1704. Keys or locks stolen or reproduced.
18
otherwise be used, directly or indirectly, as evidence against that person
in a criminal proceeding, except as provided in subsection (c) of this
section.
(c) Subsections (a) and (b) of this section shall not preclude the use
of any such information or evidence in a prosecution or other action
under any applicable provision of law with respect to the furnishing of
false information.
STATEMENT BY HON. GLENN C. CUNNINGHAM
INDIVIDUAL VIEWS
In this bill, the committee is approaching the end of a long road in
the regulation of obscenity and the violation of the privacy of the
American home. It began for me, 13 years ago when I became a
member of the Subcommittee on Postal Operations. Ten years ago
the subcommittee began extensive hearings on this subject in the
major cities of the country. These hearings resulted later in legislation
which I supported which established a judicial officer in the Post
Office Department and in legislation which allowed legal action
being taken against smut mailers in a U.S. judicial district where
such mail was received.
In the 88th Congress, I offered legislation which was passed by the
U.S. House of Representatives and bottled up in the U.S. Senate
Post Office and Civil Service Committee. The same thing happened
in the 89th Congress. We were successful in the 90th Congress in
amending postal rates legislation and such amendment contained my
essential idea, which had been passed by the House of Representatives
in the 88th and 89th Congresses. This is now Public Law 90-206,
title III, 39 U.S. Code 4009.
At the beginning of this Congress, I introduced H.R. 10877, which
contained what is now title II of H.R. 15693. I also cosponsored H.R.
10867 introduced by Mr. Dulski which contains title II of H.R. 15693
and essentially the same provisions on mailing to minors that are now
set out in title I of this legislation.
I believe that we have had adequate hearings and study during this
Congress. I also believe that there is 10 years of work behind this
legislation and I enthusiastically support it.
91ST CONGRESS
2D SESSION
H.R. 15693
IN THE SENATE OF THE UNITED STATES
APRIL 30, 1970
Read twice and referred to the Committee on Post Office and Civil Service
AN ACT
To amend title 39, United States Code, to exclude from the
mails as a special category of nonmailable matter certain
material offered for sale to minors, to protect the public
from the offensive intrusion into their homes of sexually
oriented mail matter, and for other purposes.
1
Be it enacted by the Senate and House of Representa-
2 tives of the United States of America in Congress assembled,
3 TITLE I-PROTECTION OF MINORS FROM RE-
4
CEIPT OF OBSCENE MATERIALS THROUGH
5
THE MAIL
6
SEC. 101. The Congress finds—
7
(1) that the United States mails are being used
8
to effect the sale, distribution, and delivery to minors
II
2
3
1
of matter offensive to prevailing standards in the adult
1
image of a person or a portion of the human body,
2
community concerning which materials are suitable for,
2
which-
3
and should be made available to, minors;
3
" (A) depicts nudity, sexual conduct, or sado-
4
(2) that it is against the public interest that the
4
masochistic abuse; and
5
United States mails be used to convey this offensive
5
" (B) is harmful to minors; or
6
matter to minors; and
6
" (2) any book, pamphlet, magazine, or other
7
(3) that, in order to protect the children of the
7
printed matter, however reproduced, and any sound
8
United States from exposure to harmful and offensive
8
recording, which-
9
matter by means of the United States mails, it is sound
9
" (A) depicts nudity, sexual conduct, or sado-
10
public policy to establish, in addition to other classes
10
masochistic abuse or contains explicit and detailed
11
of nonmailable matter, a special category of matter which
11
verbal descriptions or narrative accounts of sexual
12
may not be sent to minors through the United States
12
excitement, sexual conduct, or sadomasochisti
13
mails.
13
abuse; and
14
SEC. 102. (a) Chapter 51 of title 39, United States
14
" (B) taken as a whole, is harmful to minors.
15
Code, is amended by adding at the end thereof the following
15
" (b) If deposited in the mails for delivery to a residence
16
new section:
16 in which a minor resides, matter which is described in sub-
17
"§ 4011. Special category of nonmailable matter with re-
17 paragraph (1) or subparagraph (2) of subsection (a) of
18
spect to minors
18 this section, or which constitutes or contains an offer or
19
" (a) The mails may not be used to make to a minor a
19 advertisement therefor or information as to where or how
20
sale, delivery, or distribution, or an offer for a sale, delivery,
20 such matter may be obtained, shall be deemed to have been
21
or distribution, of any matter described in this section. Such
21 deposited in the mail for delivery to such minor, unless such
22
matter constitutes a special category of nonmailable matter
22 matter is contained in a sealed envelope or sealed wrapper
23
with respect to minors, as follows:
23 which conceals completely the contents and unless such
24
" (1) any picture, photograph, drawing, sculpture,
24 wrapper or envelope is clearly, specifically, and personally
25
motion picture film, or similar visual representation or
4
5
1 addressed to a person who is not a minor who resides at that
1
description or representation, in whatever form, of nu-
2
residence.
2
dity, sexual conduct, sexual excitement, or sadomaso-
3
" (c) As used in this section-
3
chistic abuse, when it-
4
" (1) 'minor' means any person under the age of
4
" (A) predominantly appeals to the prurient,
5
seventeen years;
5
shameful, or morbid interest of minors; and
6
" (2) 'nudity' means the showing of the human
6
" (B) is offensive to prevailing standards in the
7
male or female genitals, pubic area, or buttocks with
7
adult community concerning what is suitable mate-
8
less than a fully opaque covering, or the showing of
8
rial for minors; and
9
the female breast with less than a fully opaque covering
9
" (C) is substantially without redeeming social
10
of any portion thereof below the top of the nipple, or
10
value for minors.
11
the depiction of covered male genitals in a discernibly
11
" (d) Nothing in this section shall be construed as
12
turgid state;
12
amending, preempting, limiting, modifying, or otherwise in
13
" (3) 'sexual conduct' means acts of masturbation,
13
any way affecting section 1461 or 1463 of title 18 or section
14
homosexuality, sexual intercourse, or physical contact
14 4006, 4007, 4009, 4012, or 4013 of this title."
15
with a person's covered or exposed genitals, pubic area,
15
(b) The table of sections of chapter 51 of title 39.
16
buttocks or, if such person be a female, breast;
16 United States Code, is amended by adding-
17
" (4) 'sexual excitement' means the condition of
"4011. Special category of nonmailable matter with respect to minors."
18
human male or female genitals when in a state of sexual
17 immediately below-
19
"4010. Nonmailable motor vehicle master keys.".
stimulation or arousal;
18
20
SEC. 103. Section 1461 of title 18, United States Code,
" (5) 'sadomasochistic abuse' means (A) flagella-
19 is amended-
21
tion or torture by or upon a nude person or a person
20
22
(1) by inserting "or section 4011 of title 39"
clad in undergarments, a mask, or bizarre costume, or
21
23
immediately after "declared by this section" in the
(B) the condition of being fettered, bound, or otherwise
22
24
penultimate paragraph thereof; and
physically restrained on the part of a nude person or a
23
25
(2) by inserting immediately before the last para-
person SO clothed;
24
26
graph thereof the following new paragraph:
" (6) 'harmful to minors' means that quality of any
6
7
1
"It shall be an affirmative defense to a charge of violat-
1
responsible parents to protect their minor children from
2 ing section 4011 of title 39 that the defendant reasonably
2
exposure to material which they as parents believe to
3 believed that the addressee of the matter in question was an
3
be harmful to their children.
4 adult residing at the address shown on the sealed envelope
4
(b) On the basis of the foregoing the Congress deter-
5 or sealed wrapper referred to in section 4011 (b) of title 39.
5 mines that it is contrary to the public policy of the United
6 Such reasonable belief may be based upon reasonable re-
6 States for the postal facilities and services of the United
7 liance by the person SO charged on a purchase order or other
7 States to be used for the distribution of such materials to per-
8 declaration which such person in good faith believed to have
8 sons who do not want their privacy invaded in this manner
9 been executed by the addressee, representing such addressee
9 or to persons who wish to protect their minor children from
10 to be an adult, or on other evidence."
10 exposure to such material.
11 TITLE I-PROTECTION FROM INVASIONS OF
11
SEC. 202. (a) Chapter 51 of title 39, United States
12
PRIVACY THROUGH MAILING OF SEXUALLY
12 Code, is amended by adding at the end thereof the following
13
ORIENTED ADVERTISEMENTS
13 new sections:
14
SEC. 201. (a) The Congress finds—
14 "§ 4012. Mailing of sexually oriented advertisements
15
(1) that the United States mails are being used for
15
" (a) Any person who mails or causes to be mailed any
16
16
the indiscriminate dissemination of matter SO designed
sexually oriented advertisement shall place on the envelope
17
and SO presented as to exploit sexual sensationalism for
17
or cover thereof his name and address as the sender thereof
18
commercial gain;
18 and such mark or notice as the Postmaster General may
19
(2) that such matter is profoundly shocking to
19 prescribe.
20
20
many persons who receive it, unsolicited, through the
" (b) Any person, on his own behalf, or, if such person
21
mails;
21 has reached the age of twenty-one years, on the behalf of any
22
(3) that such use of the mails subjects these persons
22 other person who has not attained the age of nineteen years
23
23
to offensive and unwarranted intrusions upon their right
and who resides with him or is under his care, custody, or
24
to privacy; and
24 supervision, may file with the Postmaster General a state-
25
(4) that such use of the mails reduces the ability of
25 ment, in such form and manner as the Postmaster General
8
9
1 may prescribe, that he desires to receive no sexually oriented
1 stitute a sexually oriented advertisement if it constitutes only
2 advertisements through the mails. The Postmaster General
2 a small and insignificant part of the whole of a single catalog,
3 shall maintain and keep current, insofar as practicable, a
3 book, periodical, or other work the remainder of which is
4 list of the names and addresses of such persons and shall make
4 not primarily devoted to sexual matters.
5 the list (including portions thereof or changes therein) avail-
5
"§ 4013. Judicial enforcement
6 able to any person, upon such reasonable terms and conditions
6
" (a) Whenever the Postmaster General believes that
7 as he may prescribe, including the payment of such service
7 any person is mailing or causing to be mailed any sexually
8 charge as he determines to be necessary to defray the costs
8 oriented advertisement in violation of section 4012 of this
9 of compiling and maintaining the list, keeping it current,
9 title, he may request the Attorney General to commence a
10 and making it available as provided in this sentence. No
10 civil action against such person in a district court of the
11 person shall mail or cause to be mailed any sexually oriented
11 United States. Upon a finding by the court of a violation of
12 advertisement to any individual whose name and address has
12 that section, it may issue an order including one or more of
13 been on the list for more than thirty days.
13 the following provisions as the court deems just under the
14
" (c) No person shall sell, lease, lend, exchange, or
14 circumstances:
15 license the use of, or, except for the purpose expressely au-
15
" (1) a direction to the defendant to refrain from
16 thorized by this section, use any mailing list compiled in
16
mailing any sexually oriented advertisement to a spe-
17 whole or in part from the list maintained by the Postmaster
17
cific addressee, to any group of addressees, or to all
18 General pursuant to this section.
18
persons;
19
" (d) 'Sexually oriented advertisement' means any ad-
19
" (2) a direction to any postmaster to whom sex-
20 vertisement that depicts, in actual or simulated form, or ex-
20
ually oriented advertisements originating with such de-
21 plicitly describes, in a predominantly sexual context, human
21
fendant are tendered for transmission through the mails
22 genitalia, any act of natural or unnatural sexual intercourse,
22
to refuse to accept such advertisements for mailing; and
23 any act of sadism or masochism, or any other erotic subject
23
" (3) a direction to any postmaster at the office at
24 directly related to the foregoing. Material otherwise within
24
which registered or certified letters or other letters or
25 the definition of this subsection shall be deemed not to con-
10
11
1
mail arrive, addressed to the defendant or his repre-
1 sexually oriented advertisements for mailing, and directing
2
sentative, to return the registered or certified letters or
2 the detention of the defendant's incoming mail by any post-
3
other letters or mail to the sender appropriately marked
3 master pending the conclusion of the judicial proceedings.
4
as being in response to mail in violation of section 4012
4 Any action taken by a court under this subsection does not
5
of this title, after the defendant, or his representative,
5 affect or determine any fact at issue in any other proceeding
6
has been notified and given reasonable opportunity to
6 under this section.
7
examine such letters or mail and to obtain delivery of
7
" (d) A civil action under this section may be brought in
8
mail which is clearly not connected with activity in
8 the judicial district in which the defendant resides, or has his
9
violation of section 4012 of this title.
9 principal place of business, or in which any sexually oriented
10
" (b) The statement that remittances may be made to a
10 advertisement mailed in violation of section 4012 has been
11 person named in a sexually oriented advertisement is prima
11 delivered by mail according to the direction thereon.
12 facie evidence that such named person is the agent or repre-
12
" (e) Nothing in this section or in section 4012 shall be
13 sentative of the mailer for the receipt of remittances on his
13 construed as amending, preempting, limiting, modifying, or
14 behalf. The court is not precluded from ascertaining the
14 otherwise in any way affecting section 1461 or 1463 of title
15 existence of the agency on the basis of any other evidence.
15 18 or section 4006, 4007, 4009, or 4011 of this title.".
16
" (c) In preparation for or during the pendency of a
16
(b) The table of sections of chapter 51 of title 39,
17
civil action under subsection (a) of this section, a district
17 United States Code, is amended by adding at the end
18
court of the United States, upon application therefor by the
18 thereof-
19 Attorney General and upon a showing of probable cause to
"4012. Mailing of sexually oriented advertisements.
"4013. Judicial enforcement.".
20 believe the statute is being violated, may enter a temporary
19
SEC. 203. (a) Chapter 83 of title 18, United States
21
restraining order or preliminary injunction containing such
20 Code, relating to offenses against the postal service, is
22
terms as the court deems just, including, but not limited to,
21 amended by adding at the end thereof the following new
23
provisions enjoining the defendant from mailing any sexually
22 sections:
24
oriented advertisement to any person or class of persons,
25 directing any postmaster to refuse to accept such defendant's
12
13
1
"§ 1735. Sexually oriented advertisements
1
" (b) The fact of the performance of any act by a
2
"Whoever willfully uses the mails for the mailing, car-
2 natural person in compliance with any provision of section
3 riage in the mails, or delivery of any sexually oriented adver-
3 4012 of title 39, or regulations issued thereunder, shall not
4 tisement in violation of section 4012 of title 39, or willfully
4 be deemed the admission of any fact, or otherwise be used,
.5 violates any regulation of the Postmaster General issued
5 directly or indirectly, as evidence against that person in a
6 under such section; or
6 criminal proceeding, except as provided in subsection (c)
7
"Whoever sells, leases, rents, lends, exchanges, or
7 of this section.
8 licenses the use of, or, except for the purpose expressly
8
" (c) Subsections (a) and (b) of this section shall not
9 authorized by section 4012 of title 39, uses a mailing list
9 preclude the use of any such information or evidence in a
10 maintained by the Postmaster General pursuant to such
10 prosecution or other action under any applicable provision
11 section-
11 of law with respect to the furnishing of false information.".
12
"Shall be fined not more than $5,000 or imprisoned
12
(b) The table of sections of such chapter 83 is amended
13 not more than five years, or both, for the first offense, and
13 by adding at the end thereof-
14 shall be fined not more than $10,000 or imprisoned not
"1735. Sexually oriented advertisements.
"1736. Restrictive use of information.".
15 more than ten years, or both, for any second or subsequent
14
TITLE II-SEPARABILITY PROVISION AND
16 offense.
15
EFFECTIVE DATE
17 "§ 1736. Restrictive use of information
16
SEC. 301. If any provision of this Act or the application
18
" (a) No information or evidence obtained by reason of
17 thereof to any person or circumstance is held invalid, the
19 compliance by a natural person with any provision of section
18 remainder of this Act and the application of such provision to
20 4012 of title 39, or regulations issued thereunder, shall,
19 other persons not similarly situated or to other circumstances
21 except as provided in subsection (c) of this section, be
20 shall not be affected thereby.
22 used, directly or indirectly, as evidence against that person
23 in a criminal proceeding.
14
1
SEC. 302. The foregoing provisions of this Act shall
2 become effective on the first day of the sixth month which
3 begins after the date of enactment of this Act.
Passed the House of Representatives April 28, 1970.
Attest:
W. PAT JENNINGS,
Clerk.
91sT CONGRESS
2D SESSION
H.R. 15693
AN ACT
To amend title 39, United States Code, to exclude from
the mails as a special category of nonmailable mat-
ter certain material offered for sale to minors, to
protect the public from the offensive intrusion into
their homes of sexually oriented mail matter, and
for other purposes.
APRIL 30, 1970
Read twice and referred to the Committee on Post
Office and Civil Service
May 4, 1970
CONGRESSIONAL RECORD- Extensions of Remarks
3859
the House of Representatives. He was the
cipal sponsor, is aimed at the mass of
wonders of medicine, of electronics, and
ranking Republican on the House Ad-
obscene and objectionable advertise-
astronauts in outer space. And they are
ministration Committee. As a member
ments that are sent out indiscriminately
wonders. But, down on earth, on thou-
of the Appropriations Committee, he was
in mass mailings by the purveyors of
sands of fields of different kinds of soiis,
the ranking member on the Subcommit-
pornographic literature. H.R. 11032 would
conservationists have also been at work.
tee for Defense appropriations. He also
prohibit knowingly mailing or transport-
What they have done to keep the soils
served on the Joint Committee on Print-
ing in interstate commerce any adver-
from wearing out equals any moon land-
ing and the Joint Committee on the
tisement or solicitation designed to ap-
ing man will ever make.
Library. He always exhibited judgment
peal to a prurient interest in sex.
Soil on earth lies as far as the eye can
and integrity in executing the duties and
My good friend, the Honorable GLENN
see. It covers millions upon millions of
obligations of his office.
CUNNINGHAM of Nebraska, was the prin-
acres around the globe. Yet, it is a rare
This is a better Congress, and we are
cipal sponsor of H.R. 10877, the third
thing and cannot be replaced.
a better Nation, because of Glenard Lips-
bill in this antiobscenity package. H.R.
This soil is a living thing, yet it can
comb's service in the House of Repre-
10877 would prohibit the mailing of any
be destroyed. This soil is God's gift to
sentatives and his dedicated service to his
"sexually-oriented advertisement" to any
mankind, given unto our stewardship, yet
fellowmen. Mrs. Dorn joins me in the
person who filed with the Postmaster
it can be despoiled and wasted.
deepest and most heartfelt sympathy to
a statement that he desired to receive no
This soil is fruitful, yet it can become
Mrs. Lipscomb and the family.
such materials through the mails. This
sterile. This soil produces crops and
bill strikes directly at the problem of the
grasses and trees. It cannot be duplicated
unsolicited obscene advertisements which
by chemistry or physics. This soil is an
have flooded our homes.
intricate house of myriad elements. Yet
PROTECTION OF MINORS AND OF
HR 15693, the bill now before the
it is so commonplace as to be known as
RIGHTS OF PRIVACY FROM SEX
House, is most laudable and deserves our
dirt.
UALLY ORIENTED MAIL
support in that it contains two of the
Soil fills the flowerpots in Baltimore,
President's three proposals. Title I is a
serves as a garden in Minnesota, pro-
SPEECH OF
protection of minors provision based on
duces an orchard in California, and bears
HON. WILLIAM M. McCULLOCH
H.R. 11031 and also on a New York State
wheat in North Dakota. It is the source
statute on the subject which was upheld
of our nourishment, it provides the means
OF OHIO
as constitutional in Ginsberg V. State
of our protection. God has willed we can
IN THE HOUSE OF REPRESENTATIVES
of New York, 390 U.S. 629 (1968). Title
live with it. We cannot live without it.
Tuesday, April 28, 1970
II of this bill contains the provisions of
This is the kind of message being
H.R. 10877 almost verbatim.
The House in Committee of the Whole
preached this week by ministers of all
House on the State of the Union had under
Mr. Chairman, the problem of pornog-
faiths throughout the Nation. I think
consideration the bill (H:R. 15693) to amend
raphy will not go away by itself; we
it appropriate that the House of Repre-
title 39, United States Code, to exclude from
must pass effective and constitutional
sentatives pay tribute to the sponsors of
the mails as a special category of nonmail-
legislation to root out this evil in our
Soil Stewardship Week-the local Soil
able matter certain material offered for sale
midst. H.R. 15693, on which the Commit-
and Water Conservation Districts of
to minors, to protect the public from the of-
tee on Post Office and Civil Service has
America. The men and women who serve
fensive intrusion into their homes of sexually
labored long and hard, represents a con-
without pay on the governing bodies
oriented mail matter, and for other purposes.
structive legislative approach. The con-
of these local units of State government
Mr. McCULLOCH. Mr. Chairman, I
trol of pornography sent through the
deserve our praise for the leadership they
am deeply troubled by the serious threat
mails, unsolicited or to minors, is an idea
are providing in our home communities.
to the moral fabric of our society posed
whose time has long since come. It is in
They are performing an important
by the mountains of obscene materials
fact long overdue. I therefore strongly
patriotic service. I take this opportunity
which daily pour through the mails.
urge the adoption of H.R. 15693.
to congratulate them on focusing atten-
The purveyors of this smut do not re-
tion on the challenge of the future in
spect the sanctity of your home or your
developing soil, water, and related re-
time-honored right to privacy. They do
sources.
not respect your right to protect your
GIVING THANKS FOR THE SOIL
minor children from exposure to this
material. They do not respect the human
HON. THOMAS S. KLEPPE
NO LONGER MY FRIEND
body; rather they defile it. They do not
OF NORTH DAKOTA
respect the need for decency and mo-
rality in America.
IN THE HOUSE OF REPRESENTATIVES
HON. WENDELL WYATT
In fact, Mr. Chairman, the pornog-
Monday, May 4, 1970
OF OREGON
raphers respect only one thing: the fast
Mr. KLEPPE. Mr. Speaker, as a mem-
IN THE HOUSE OF REPRESENTATIVES
buck they get from plying their dirty
ber of the House Committee on Agri-
trade.
Monday, May 4, 1970
culture, I should like to draw to the
Sensing the need to enact legislation to
attention of this body the fact that this
Mr. WYATT. Mr. Speaker, the Daily
correct this most vexing problem, the
week-the first full week in May-is be-
Astorian, Astoria, Oreg., in a recent edi-
President in May 1969 recommended to
ing observed throughout America as
torial has performed an important public
the Congress a program for a three-
Soil Stewardship Week. This annual ob-
service in calling attention to the tragic
pronged attack on obscenity.
servance is sponsored by the 3,000 local
case of a young college student who
The first administration bill, H.R.
conservation districts and cooperating
burned himself to death after using the
11031, of which I had the privilege to be
church groups. All of North Dakota's 66
drug mescaline.
the principal sponsor, is designed to help
Soil and Water Conservation Districts
I commend this article to my col-
parents protect their minor children
are participating.
leagues:
from obscene materials. H.R. 11031
This week ministers of all faiths are
No LONGER My FRIEND
would make it a crime to knowingly mail
carrying vital messages to their fol-
One of the most poignant statements that
or transport in interstate commerce mat-
lowers to further God's purpose in the
has been made against the use of LSD and
ter to persons under age 18 which de-
the other mind-expanding drugs came in a
conservation, development, and proper
scribes or represents nudity, sexual con-
wire service story the other day out of
use of soil, water, and related resources.
duct or sado-masochistic behavior, which
Gainesville, Fla.
I salute the thousands of clergy of all
A 20-year-old college student who had ex-
is offensive to prevailing community
faiths who use this observance to remind
perienced the drug meascaline doused his
standards concerning what is suitable
us that soil stewardship is everyone's re-
body and car with gasoline and burned him-
material for minors and which is sub-
sponsibility. It is a responsibility of peo-
self to death.
stantially without redeeming social value
ple who live in the towns and cities as
"My mind is no longer my friend," wrote
for minors.
well as those who work the land.
student Andy Anderson in a poem before he
The second bill, H.R. 11032, of which
died. "It won't leave me alone."
America's eyes have been on the
I also had the privilege of being the prin-
In a note made public later, he wrote:
"glamour sciences" in recent years. The
"The drug experience has filled me with
10 copies to Mr. Ford only
Q Office Copy
AN ADDRESS BY REP. GERALD R. FORD, R-MICH.
REPUBLICAN LEADER, U.S. HOUSE OF REPRESENTATIVES
BEFORE THE INTERNATIONAL CHILD EVANGELISM FELLOWSHIP CONFERENCE
AT KNOLLCREST CAMPUS, CALVIN COLLEGE
GRAND RAPIDS, MICHIGAN
7 P.M. MONDAY, MAY 25, 1970
FOR RELEASE ON DELIVERY
As it is written in Proverbs: "Train up a child in the way he should go:
and when he is old, he will not depart from it."
We are all here because we love children; and we are here because we love
God.
It is a pleasure for me to join you at your International Conference, and it
is an honor and a privilege to be your keynote speaker.
Recent events would make it appear that these are dark hours through which
we are presently living, and indeed our problems are major and manifold. But I am
by nature cautiously optimistic, and I agree with those who say that the darkest
hours are those which herald the dawn.
The light is coming. Light will soon be shed on the pressing problems
which are facing Americans today-the war in Indochina, the continuing rise in the
cost of living, the constant rise in the crime rate.
I have chosen to talk with you tonight about the staggering problems which
still confront us in the war against crime. But let me first comment briefly on
Vietnam and Cambodia and on inflation.
Whether or not you agree with our continued effort to gain self-determination
for the South Vietnamese, the fact remains that our attack against the invaders of
Cambodia-the North Vietnamese--is proving enormously successful. We have seized
enough enemy arms to outfit more than 70 enemy battalions of 500 men each. We have
captured more enemy ammunition than the Communists would use in two years. We have
seized enough enemy rice to feed more than 10,000 troops for a year. We have set
back the enemy by six to eight months. We have saved American and South Vietnamese
lives. I think we have made it possible to withdraw more than 150,000 additional
U.S. troops from South Vietnam over the next 12 months.
On inflation I will say that the restraints employed by the Administration
will definitely show results in the months ahead and will make it possible to
modestly stimulate the economy without reviving strong inflationary pressures. I
look for good progress in the immediate future.
(more)
-2-
Now I would like to talk with you about another most serious problem in
America--our failure to deal effectively with juvenile crime. I believe this
failure has become a near disaster for our country.
Arrests of juveniles for serious crime increased 78 per cent nationally
from 1960 to 1968, the last year for which we have official figures. The rate
climbs higher daily.
The statistics on juvenile crime are even more tragic and disturbing than
those for crime as a whole.
Of all aspects of crime, none is more discouraging than juvenile delinquency.
One out of every nine children will be referred to a juvenile court for an
act of delinquency before his 16th birthday.
Nearly one-half of all serious crimes--murder, rape, robbery, assault,
burglary, larceny, auto theft--is committed by persons under 18.
The most arrests are of persons 15 and 16 years of age.
Juvenile crime accounts in large measure for the Nation's soaring crime
rate.
According to the F.B.I., arrests of youths under 18 years of age made up
more than half of the total national crime increase of 122 per cent from 1960 to
1968.
While just 16 per cent of the Nation's population is 10 through 17 years
of age, they accounted for 46 per cent of serious crime in 1968.
Once involved in crime, a juvenile is likely to commit repeated criminal
acts. All too frequently he crosses the threshhold into adult crime.
In an effort to prevent juvenile crime--and to rehabilitate those who slip
into delinquency, Congress in 1968 enacted the Juvenile Delinquency Prevention and
Control Act.
Under this Act the Federal Government pays up to 90 per cent of the cost of
anti-delinquency programs sponsored by state and local public agencies and private
non-profit organizations. It pays up to 60 per cent for special purpose
facilities for rehabilitating delinquent youths.
The causes of juvenile crime are unclear. The methods of prevention are
uncertain. Rehabilitation in all too many cases is unsuccessful.
Certainly there is a place in juvenile delinquency prevention for Child
Evangelism, a place for the vital programs that the CEF has been carrying out.
A point to remember is that a busy teenager, in school, playing in sports,
or working at a part-time job has no time for delinquency. It is also most important
(more)
-3-
that God be a part of his life, even if he is reluctant to admit Him as a companion.
In recent years a new development has made the problem of juvenile wayward-
ness more acute.
Drug abuse has exploded onto the scene, with devastating results. Drug
abuse in this country is mounting at a startling rate, and the most shocking
aspect of it is the extent to which it involves the very young.
Between 1960 and 1968 there was a 322 per cent increase in the number of
arrests related to narcotic drugs. Between 1967 and 1968 alone, there was a
64 per cent increase.
For the year 1968, the F.B.I.'s Uniform Crime Reports indicate that 162,177
persons were arrested by State and local authorities for narcotic and marijuana drug
violations.
Of this number, 43,200 were under the age of 18, and 6,243 were under the
age of 15.
These figures need little explanation, except to say that for every
individual apprehended, scores of others remain undetected. I might add that the
average age of all the drug violators apprehended was 21 years.
So we are dealing with a youth problem. That much is clear.
The appalling fact is that drug abuse arrests of juveniles, those 18 or
under, increased by 1,860 per cent during the first eight years of the 1960s.
We can only conclude that drug abuse is threatening the health and safety
of our society.
Consider what has happened in New York--the only city which has maintained
longterm records related to drug abuse.
In the first five years of the Sixties, about 300 people in New York City
died from heroin-related causes. But in 1969--in just that 12-month period alone--
more than 900 people died of such causes. And of these, 224 were teen-agers-- 24 of
them under the age of 15. It is reported that heroin is in every high school in
New York City, public and private.
This is just one indication of the accelerated trend in the use of hard
drugs. Drug abuse has increased phenomenally in virtually every major metropolitan
area, reports show.
What is most worrisome is that the age level of drug users is constantly
decreasing.
Five years ago, college seniors were virtually the only students engaging in
marijuana use. But in just two or three years, "pot" smoking moved down to the
(more)
-4-
freshman level and in another two years it had become a problem in high schools.
Now it is getting into the junior high schools.
I would make the point here that the greatest drug abuse occurs in
metropolitan areas. The least drug abuse among young people is found in rural or
very small town settings.
The most commonly abused drugs include heroin, marijuana, LSD and a whole
host of other synthetic hallucinogens, the amphetamines or pep pills and the
barbiturates or sleeping pills.
Let me emphasize the danger to our youth by pointing out that in 1968 more
than one-half of the individuals arrested for narcotics violations were persons
under 21 years of age. Of those involved with marijuana, 65 per cent were under
21 and 29 per cent were persons under 18.
What should be done with a child found using marijuana? He certainly should
be administered some good fatherly discipline. If that fails, the parent should
seek outside counseling--the family physician or school counselor and certainly a
clergyman.
Marijuana is not a physically addictive drug. The vast majority of people
who experiment with it try it from one to 10 times and then drop it. But there is
a correlation between frequent use of marijuana and the use of other drugs. The
chronic marijuana user becomes exposed to what has become known as the drug
subculture. In this environment, he is thrown together with people who use other
drugs. And it is a matter of record that the explosion in marijuana use has been
accompanied by a sharp rise in heroin use.
It seems reasonable to assume that if many individuals did not get involved
with marijuana they would never become users of the more potent and dangerous drugs.
We now have a drug control bill before the Congress--it has already passed
the Senate-which would make the simple possession of marijuana a misdemeanor on
the first offense. Under this bill, the first offender could be given probation by
a judge and, if he completes his probation satisfactorily, have his record expunged.
But a second offense would be judged a felony. I expect the House to approve this
bill because the need for new legislation to deal with the drug problem is widely
recognized in the Congress.
In the long term, I believe that education is the best way to curb drug
abuse in the United States. We need to persuade our young people that drug abuse
leads only to self-destruction and a terrible hurt for members of the addict's
family.
(more)
-5-
Drug abuse also, of course, contributes heavily to the crime toll
throughout the United States each year.
It is estimated that 50 to 75 per cent of the crimes committed on our
Nation's streets are perpetrated by drug addicts. And so one step we must take
is a massive effort to halt the importation of illegal drugs into the United
States. This we are trying very hard to do, particularly as regards Turkey and
Mexico. In the case of Turkey, for instance, we are trying to get that country to
stop opium production, or at least to control its manufacture and distribution.
If we can eliminate Turkey as a source of opium, we can reduce the amount
of heroin coming into the United States by at least 50 per cent. Officials of the
U.S. Justice Department believe we can reach that goal in two or three years.
Let me stress now that although there might seem to be no connection the
drug-related street crimes I cited a bit earlier are directly associated with
organized crime. It is organized crime--the Mafia--which makes illegal narcotics
available in large volume in the United States. Therefore much of our street crime
flows directly from the activities of organized crime.
What are we doing to fight crime? There is no question that crime control
is primarily a state and local responsibility but there is also much that the
Federal Government can do to help.
Legislatively, help was provided in 1968 and I hope it will be forthcoming
this year.
In 1968 Congress passed a law which authorized Federal grants to upgrade
state and local police forces and provide for greater crime control. Congress
that year also passed the juvenile delinquency control act I previously cited.
The present Congress has a host of Administration anti-crime bills before
it, providing new tools to fight organized crime, better ways to handle drug abuse,
more judges, and a variety of other crime-fighting weapons.
The Senate has responded fairly swiftly but has weakened some Administration
proposals. In the House there has been some foot-dragging by those who see every
strong anti-crime measure as unconstitutional. I hope all of the differences will
be soon resolved so that we can step up the war against crime.
Specifically in the area of juvenile delinquency, the House Judiciary
Committee is considering the Federal Youth Corrections Act, which would authorize
the Board of Parole Examiners to interview youthful offenders, and amendments to
the 1968 Omnibus Crime Control and Safe Streets Act, which would provide additional
(more)
-6-
funding to improve state and local correctional facilities for juveniles.
I have cited some grim statistics on crime, and one could easily feel
overwhelmed by them. But there are a few bright notes in the situation; there
is a break in the clouds.
In 1969, for instance, the rise in the crime rate slowed considerably. Where
the crime rate had climbed by 17 per cent in 1968, the rate of increase slowed to
11 per cent last year.
In the case of juveniles referred to juvenile court jurisdiction, the rate
dropped in 1968 for the second year in a row-from 49 per cent to 46.
What this tells us is that the task is not hopeless. We have made some
progress, and we will make more.
We must persist in the fight against crime, and the American people must
join the Congress and all of our state and local law enforcement agencies in
combatting it.
As for groups like the Child Evangelism Conference, there is no question
that they can play a useful role.
We know that a child forms his opinions and his outlook upon life during
his early years. We know that his early instruction and the guidance given him
in matters of morals are most important in determining how he will conduct himself
in later life. We know that the course of a man's entire life often is charted
during his childhood years.
And so those of us in other fields of endeavor look to Child Evangelism to
reach out and help our children--to give them the great guidance that flows from
the truths of Christianity and the wisdom of its founder, Jesus Christ.
Child Evangelism reaches children because it approaches them on a level they
can understand. It offers them guidance; it offers them strength. It offers them
the emotional security without which every man is lost.
So to the men and women of the Child Evangelism Conference I say continue
and expand your wonderful work, knowing that you are helping us all--not only the
little children but everyone in this great land of ours.
# # #
Distribution : 10 capies Mr. Ford
office Copy
AN ADDRESS BY REP. GERALD R. FORD, R-MICH.
REPUBLICAN LEADER, U.S. HOUSE OF REPRESENTATIVES
BEFORE THE INTERNATIONAL CHILD EVANGELISM FELLOWSHIP CONFERENCE
AT KNOLLCREST CAMPUS, CALVIN COLLEGE
GRAND RAPIDS, MICHIGAN
7 P.M. MONDAY, MAY 25, 1970
FOR RELEASE ON DELIVERY
As it is written in Proverbs: "Train up a child in the way he should go:
and when he is old, he will not depart from it."
We are all here because we love children; and we are here because we love
God.
It is a pleasure for me to join you at your International Conference, and it
is an honor and a privilege to be your keynote speaker.
Recent events would make it appear that these are dark hours through which
we are presently living, and indeed our problems are major and manifold. But I am
by nature cautiously optimistic, and I agree with those who say that the darkest
hours are those which herald the dawn.
The light is coming. Light will soon be shed on the pressing problems
which are facing Americans today-the war in Indochina, the continuing rise in the
cost of living, the constant rise in the crime rate.
I have chosen to talk with you tonight about the staggering problems which
still confront us in the war against crime. But let me first comment briefly on
Vietnam and Cambodia and on inflation.
Whether or not you agree with our continued effort to gain self-determination
for the South Vietnamese, the fact remains that our attack against the invaders of
Cambodia-the North Vietnamese--is proving enormously successful. We have seized
enough enemy arms to outfit more than 70 enemy battalions of 500 men each. We have
captured more enemy ammunition than the Communists would use in two years. We have
seized enough enemy rice to feed more than 10,000 troops for a year. We have set
back the enemy by six to eight months. We have saved American and South Vietnamese
lives. I think we have made it possible to withdraw more than 150,000 additional
U.S. troops from South Vietnam over the next 12 months.
On inflation I will say that the restraints employed by the Administration
will definitely show results in the months ahead and will make it possible to
modestly stimulate the economy without reviving strong inflationary pressures. I
look for good progress in the immediate future.
(more)
-2-
Now I would like to talk with you about another most serious problem in
America--our failure to deal effectively with juvenile crime. I believe this
failure has become a near disaster for our country.
Arrests of juveniles for serious crime increased 78 per cent nationally
from 1960 to 1968, the last year for which we have official figures. The rate
climbs higher daily.
The statistics on juvenile crime are even more tragic and disturbing than
those for crime as a whole.
Of all aspects of crime, none is more discouraging than juvenile delinquency.
One out of every nine children will be referred to a juvenile court for an
act of delinquency before his 16th birthday.
Nearly one-half of all serious crimes--murder, rape, robbery, assault,
burglary, larceny, auto theft--is committed by persons under 18.
The most arrests are of persons 15 and 16 years of age.
Juvenile crime accounts in large measure for the Nation's soaring crime
rate.
According to the F.B.I., arrests of youths under 18 years of age made up
more than half of the total national crime increase of 122 per cent from 1960 to
1968.
While just 16 per cent of the Nation's population is 10 through 17 years
of age, they accounted for 46 per cent of serious crime in 1968.
Once involved in crime, a juvenile is likely to commit repeated criminal
acts. All too frequently he crosses the threshhold into adult crime.
In an effort to prevent juvenile crime--and to rehabilitate those who slip
into delinquency, Congress in 1968 enacted the Juvenile Delinquency Prevention and
Control Act.
Under this Act the Federal Government pays up to 90 per cent of the cost of
anti-delinquency programs sponsored by state and local public agencies and private
non-profit organizations. It pays up to 60 per cent for special purpose
facilities for rehabilitating delinquent youths.
The causes of juvenile crime are unclear. The methods of prevention are
uncertain. Rehabilitation in all too many cases is unsuccessful.
Certainly there is a place in juvenile delinquency prevention for Child
Evangelism, a place for the vital programs that the CEF has been carrying out.
A point to remember is that a busy teenager, in school, playing in sports,
or working at a part-time job has no time for delinquency. It is also most important
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that God be a part of his life, even if he is reluctant to admit Him as a companion.
In recent years a new development has made the problem of juvenile wayward-
ness more acute.
Drug abuse has exploded onto the scene, with devastating results. Drug
abuse in this country is mounting at a startling rate, and the most shocking
aspect of it is the extent to which it involves the very young.
Between 1960 and 1968 there was a 322 per cent increase in the number of
arrests related to narcotic drugs. Between 1967 and 1968 alone, there was a
64 per cent increase.
For the year 1968, the F.B.I.'s Uniform Crime Reports indicate that 162,177
persons were arrested by State and local authorities for narcotic and marijuana drug
violations.
Of this number, 43,200 were under the age of 18, and 6,243 were under the
age of 15.
These figures need little explanation, except to say that for every
individual apprehended, scores of others remain undetected. I might add that the
average age of all the drug violators apprehended was 21 years.
So we are dealing with a youth problem. That much is clear.
The appalling fact is that drug abuse arrests of juveniles, those 18 or
under, increased by 1,860 per cent during the first eight years of the 1960s.
We can only conclude that drug abuse is threatening the health and safety
of our society.
Consider what has happened in New York--the only city which has maintained
longterm records related to drug abuse.
In the first five years of the Sixties, about 300 people in New York City
died from heroin-related causes. But in 1969--in just that 12-month period alone--
more than 900 people died of such causes. And of these, 224 were teen-agers-- 24 of
them under the age of 15. It is reported that heroin is in every high school in
New York City, public and private.
This is just one indication of the accelerated trend in the use of hard
drugs. Drug abuse has increased phenomenally in virtually every major metropolitan
area, reports show.
What is most worrisome is that the age level of drug users is constantly
decreasing.
Five years ago, college seniors were virtually the only students engaging in
marijuana use. But in just two or three years, "pot" smoking moved down to the
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freshman level and in another two years it had become a problem in high schools.
Now it is getting into the junior high schools.
I would make the point here that the greatest drug abuse occurs in
metropolitan areas. The least drug abuse among young people is found in rural or
very small town settings.
The most commonly abused drugs include heroin, marijuana, LSD and a whole
host of other synthetic hallucinogens, the amphetamines or pep pills and the
barbiturates or sleeping pills.
Let me emphasize the danger to our youth by pointing out that in 1968 more
than one-half of the individuals arrested for narcotics violations were persons
under 21 years of age. Of those involved with marijuana, 65 per cent were under
21 and 29 per cent were persons under 18.
What should be done with a child found using marijuana? He certainly should
be administered some good fatherly discipline. If that fails, the parent should
seek outside counseling- the family physician or school counselor and certainly a
clergyman.
Marijuana is not a physically addictive drug. The vast majority of people
who experiment with it try it from one to 10 times and then drop it. But there is
a correlation between frequent use of marijuana and the use of other drugs. The
chronic marijuana user becomes exposed to what has become known as the drug
subculture. In this environment, he is thrown together with people who use other
drugs. And it is a matter of record that the explosion in marijuana use has been
accompanied by a sharp rise in heroin use.
It seems reasonable to assume that if many individuals did not get involved
with marijuana they would never become users of the more potent and dangerous drugs.
We now have a drug control bill before the Congress--it has already passed
the Senate--which would make the simple possession of marijuana a misdemeanor on
the first offense. Under this bill, the first offender could be given probation by
a judge and, if he completes his probation satisfactorily, have his record expunged.
But a second offense would be judged a felony. I expect the House to approve this
bill because the need for new legislation to deal with the drug problem is widely
recognized in the Congress.
In the long term, I believe that education is the best way to curb drug
abuse in the United States. We need to persuade our young people that drug abuse
leads only to self-destruction and a terrible hurt for members of the addict's
FORD
family.
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Drug abuse also, of course, contributes heavily to the crime toll
throughout the United States each year.
It is estimated that 50 to 75 per cent of the crimes committed on our
Nation's streets are perpetrated by drug addicts. And so one step we must take
is a massive effort to halt the importation of illegal drugs into the United
States. This we are trying very hard to do, particularly as regards Turkey and
Mexico. In the case of Turkey, for instance, we are trying to get that country to
stop opium production, or at least to control its manufacture and distribution.
If we can eliminate Turkey as a source of opium, we can reduce the amount
of heroin coming into the United States by at least 50 per cent. Officials of the
U.S. Justice Department believe we can reach that goal in two or three years.
Let me stress now that although there might seem to be no connection the
drug-related street crimes I cited a bit earlier are directly associated with
organized crime. It is organized crime--the Mafia--which makes illegal narcotics
available in large volume in the United States. Therefore much of our street crime
flows directly from the activities of organized crime.
What are we doing to fight crime? There is no question that crime control
is primarily a state and local responsibility but there is also much that the
Federal Government can do to help.
Legislatively, help was provided in 1968 and I hope it will be forthcoming
this year.
In 1968 Congress passed a law which authorized Federal grants to upgrade
state and local police forces and provide for greater crime control. Congress
that year also passed the juvenile delinquency control act I previously cited.
The present Congress has a host of Administration anti-crime bills before
it, providing new tools to fight organized crime, better ways to handle drug abuse,
more judges, and a variety of other crime-fighting weapons.
The Senate has responded fairly swiftly but has weakened some Administration
proposals. In the House there has been some foot-dragging by those who see every
strong anti-crime measure as unconstitutional. I hope all of the differences will
be soon resolved so that we can step up the war against crime.
Specifically in the area of juvenile delinquency, the House Judiciary
Committee is considering the Federal Youth Corrections Act, which would authorize
the Board of Parole Examiners to interview youthful offenders, and amendments to
the 1968 Omnibus Crime Control and Safe Streets Act, which would provide additional
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funding to improve state and local correctional facilities for juveniles.
I have cited some grim statistics on crime, and one could easily feel
overwhelmed by them. But there are a few bright notes in the situation; there
is a break in the clouds.
In 1969, for instance, the rise in the crime rate slowed considerably. Where
the crime rate had climbed by 17 per cent in 1968, the rate of increase slowed to
11 per cent last year.
In the case of juveniles referred to juvenile court jurisdiction, the rate
dropped in 1968 for the second year in a row-from 49 per cent to 46.
What this tells us is that the task is not hopeless. We have made some
progress, and we will make more.
We must persist in the fight against crime, and the American people must
join the Congress and all of our state and local law enforcement agencies in
combatting it.
As for groups like the Child Evangelism Conference, there is no question
that they can play a useful role.
We know that a child forms his opinions and his outlook upon life during
his early years. We know that his early instruction and the guidance given him
in matters of morals are most important in determining how he will conduct himself
in later life. We know that the course of a man's entire life often is charted
during his childhood years.
And so those of us in other fields of endeavor look to Child Evangelism to
reach out and help our children--to give them the great guidance that flows from
the truths of Christianity and the wisdom of its founder, Jesus Christ.
Child Evangelism reaches children because it approaches them on a level they
can understand. It offers them guidance; it offers them strength. It offers them
the emotional security without which every man is lost.
So to the men and women of the Child Evangelism Conference I say continue
and expand your wonderful work, knowing that you are helping us all--not only the
little children but everyone in this great land of ours.
# # #
READING COPY GRAND RAPIDS, MICH. MAY 25, 1970
U.S. HOUSE OF REPRESENTATIVES
OFFICE OF THE MINORITY LEADER
Herald R. Ford
WASHINGTON, D.C. 20515
M.C.
OFFICIAL BUSINESS
Bland speech speckalment. almost prosested
MONDAY
7:00 P.M.
INTERNATIONAL CHILD EVANGELISM
FELLOWSHIP CONFERENCE
KNOLLCREST CAMPUS
CALVIN COLLEGE
GERATE FORD TIBRAR,
TEXT
GRAND RAPIDS, MICH
MAY 25, 1970
HOUSE OF REPRESENTATIVES, U.S.
OFFICE OF THE MINORITY LEADER
PUBLIC DOCUMENT
bal not
Herald R. 3rd
M.C.
OFFICIAL BUSINESS
MONDAY
No and news from media
7:00 P.M.
INTERNATIONAL CHILD EVANGELISM
FELLOWSHIP CONFERENCE
KNOLL CREST CAMPUS
CALUIN COLLEGE
GERALD R. FORD