Notes - Production and Distribution of Sexually Explicit Materials

Porn Studies > Meese Report Table of Contents

  1. Los Angeles Hearing, Vol. I, Robert Peters, p. 32 and 60A.
  2. Id. p. 32, 60C; Chicago Hearing, Vol, I, Donald Smith, p. 30.
  3. Id.
  4. See, The discussion of "adults only" pornographic outlets.
  5. Id. p. 38.
  6. Id. pp. 38 and 60A.
  7. Id. p. 38.
  8. Id. p. 60A.
  9. Id. p. 39, New York Hearing, Vol, I, Bruce Taylor, pp. 240-41.
  10. Id.
  11. Los Angeles Hearing, Vol. I, Robert Peters, p. 39. Nudist magazines were put out by members of nudist organizations and often depicted pictures of nudists and their families.
  12. Id. pp. 38 and 60A.
  13. Id.
  14. "Strip tease" refers to the slow and seductive disrobing of a woman usually to music while on stage.
  15. Id. p. 38.
  16. Id. pp. 38-39. Some films did depict males undressing. Id. p. 39.
  17. The Report of the 1970 Commission on Obscenity and Pornography, (1970), p. 94.
  18. Id.
  19. New York Hearing, Vol. I, Bruce Taylor, pp. 240-41.
  20. Id. p. 240.
  21. Stag Films was an actual film production label made in Nashville, Tennessee. Los Angeles Hearing, Vol. I, Ted Mcllvenna, p. 206.
  22. New York Hearing, Vol. 1, Bruce Taylor, p. 241.
  23. Los Angeles Hearing, Vol. 1, Robert Peters, pp. 39, 60A. "Trunk sales" refers to the distribution of materials out of the trunk of the seller's car.
  24. Id.
  25. Id., p. 39.
  26. Id., p. WA.
  27. Id.
  28. Id., pp. 60A-60B.
  29. Id., p. 60B.
  30. Id., p. 39.
  31. Id., p. 6oB.
  32. Id., p. 40.
  33. Id.
  34. The Report of the 1970 Commission on Obscenity and Pornography, (1970), pp.115-16.
  35. Los Angeles Hearing, Vol. I, Robert Peters, p. 40. Pocketbooks were paperback books which fit into your pocket. They were the forerunner of today's paperbacks.
  36. Id.
  37. The Report of the 1970 Commission on Obscenity and Pornography, (1970), pp. 112-14.
  38. Los Angeles Hearing, Vol. I, Robert Peters, p. 40.
  39. Id.
  40. New York Hearing, Vol. I, Bruce Taylor, p. 292A.
  41. Los Angeles Hearing, Vol. 1, Robert Peters, pp. 40-41.
  42. The Report of the 1970 Commission on Obscenity and Pornography, (1970), pp. 94-95.
  43. Los Angeles Hearing, Vol. I, Robert Peters, pp. 41, 60B.
  44. Id.
  45. Id., p. 60B.
  46. 1695. Id., p. 41.
  47. Id., p. 41 and 60B; New York Hearing, Vol. I, Carl Shoffler and Ledra Brady, p. 238A-5.
  48. Los Angeles Hearing, Vol. I, Robert Peters, p. 60B.
  49. Los Angeles Hearing, Vol. I, Robert Peters, pp. 44-45.
  50. Id., pp. 43, 44, 60B.
  51. Id., p. 44.
  52. Id., pp. 44, 45, 60B.
  53. Id., p. 48.
  54. Child pornography was sold over the counter in New York City during this period.
  55. Id., p. 6oB.
  56. Id., p. 42.
  57. Id.
  58. "Deep Throat" cost twenty-five thousand dollars to produce and has earned over fifty million dollars.
  59. Los Angeles Hearing, Vol. I, Robert Peters, pp. 41, 42, and 51; See, The detailed discussion of "adults only" pornographic outlets and peep show booths.
  60. Id., p. 42.
  61. Id.
  62. Id., p. 51.
  63. Id., pp. 51, 60B.
  64. Los Angeles Hearing, Vol. I, James Docherty, p. 6.
  65. Id.
  66. Id., p. 7.
  67. Id.
  68. Id., p. 60D.
  69. Id., p. 52.
  70. Id., pp. 52-53.
  71. See, Section D, infra.
  72. See, Section E, infra.
  73. See, Section F, infra.
  74. Id., pp. 54, 60D.
  75. Id.
  76. Thirty-five millimeter films are more expensive to produce than sixteen millimeter films.
  77. Los Angeles Hearing, Vol. I, William Roberts, p. 72. John Weston, Counsel, Adult Film Association of America, estimates that a feature length film costs between $75,000 and $125,000 to produce. Interview with John Weston, Counsel, Adult Film Association of America (Mar. 8, 1986).
  78. Los Angeles Hearing, Vol. I, William Roberts, p. 73.
  79. Los Angeles Hearing, Vol. I, Les Baker, pp. 203B-2-3.
  80. Los Angeles Hearing, Vol. I, William Roberts, p. 73.
  81. Id.
  82. Id.
  83. Id.
  84. The term "producer" is used to include the producer, writer and director as one individual, since this is usually the case. Id., p. 62.
  85. Id.
  86. Id., p. 63 (e.g., Romancing the Stone, Romancing the Bone; On Golden Pond, On Golden Blonde; the Wizard of Oz, the Wizard of Ahas; the Cotton Club, the Cotton Tail Club).
  87. Id.
  88. Id.
  89. Id.
  90. Id.
  91. Id., pp. 63-64.
  92. See, Chapter 17 for a detailed discussion of performers.
  93. Id., p. 64.
  94. Id.
  95. Id.
  96. Id.
  97. Id.
  98. Id.
  99. Id.
  100. Id.
  101. Id., p. 65.
  102. Id.
  103. Id.
  104. Id.
  105. Id.; The War Against Pornography, Newsweek, (Mar. 18, 1985), p.62.
  106. Los Angeles Hearing, Vol. I, William Roberts, p. 65.
  107. Id.; See, Chapter 17 which discusses performers.
  108. Los Angeles Hearing, Vol. I, William Roberts, pp. 65-66.
  109. Id., p. 66.
  110. Id.
  111. Id.; Interview with John Weston, Counsel, Adult Film Association of America (Mar. 8, 1986).
  112. Los Angeles Hearing, Vol. I, William Roberts, p. 66.
  113. Id., p. 67.
  114. Id.
  115. Id.
  116. Id.
  117. Id., p. 68.
  118. Id.
  119. Id.
  120. Id.
  121. Id.
  122. Id., pp. 68-69.
  123. Id., p. 69.
  124. Id.
  125. Id.
  126. Id.
  127. Id., pp. 69-70.
  128. Id., p. 70.
  129. Id.
  130. Id.
  131. Id., p. 69.
  132. Id., p. 70.
  133. Id.
  134. Id.
  135. Id., p. 71.
  136. Id.
  137. Id.
  138. Interview with Don Smith, Los Angeles Police Department (Mar. 9, 1986).
  139. Id.
  140. Id.
  141. Id.
  142. Id.
  143. Id.
  144. Id.; See. The discussion of peep show booths for further information.
  145. Id.
  146. Id.
  147. Id.
  148. Los Angeles Hearing. Vol. II, Jack Valenti, p. 55B.
  149. Id., p. 55C.
  150. Id., p. 55H.
  151. Id.
  152. Id.
  153. Id., p. 55K.
  154. Id.
  155. Id., p. 55H.
  156. Id., p. 55I.
  157. Id.
  158. Id.
  159. Id.
  160. Id., p. 55K.
  161. Id.
  162. Id.
  163. Id., p. 55M.
  164. Id., pp. 12-13.
  165. Id., p. 55N.
  166. Id.
  167. Id.
  168. Id., p. 55M.
  169. Id.
  170. Id., p. 55P.
  171. Id.
  172. Id.
  173. Id., p. 55L.
  174. Los Angeles Hearing, Vol. I, Les Baker, p. 203B-2.
  175. Id. at 203B-3.
  176. Los Angeles Hearing, Vol. I, John Weston, pp. 174-75. See also, Los Angeles Hearing, Vol. I, Les Baker, pp. 203B-4-203B-5.
  177. Los Angeles Hearing, Vol. I, John Weston, pp. 182-83.
  178. Los Angeles Hearing, Vol. I, Robert Peters, p. 60C.
  179. Id.
  180. Interview with John Weston, Counsel, Adult Film Association of America (Mar. 8, 1986).
  181. The War Against Pornography, Newsweek, (Mar. 18, 1985), p. 62.
  182. Id.
  183. Id.
  184. Interview with John Weston, Counsel, Adult Film Association of America (Mar. 8, 1986).
  185. Id.
  186. Id.
  187. The Abernathy/MacGregor Group, Press Release entitled "Home Video Cassettes to Become Dominant Entertainment Medium by 1990's," (1986), p. 2.
  188. Id., p. 3.
  189. Id.. p. 1.
  190. Merrill Lynch, The Home Video Market: Times of Turbulence and Transition, (Jan. 6, 1986).
  191. Id.
  192. Id.
  193. Video Software Dealers Association, 1984 VSDA Annual Survey 1; Current estimates place the figure for "Adult" video tape cassettes at no more than nine percent. Interview with Ronald Siegal, The Fairfield Group (Mar. 6, 1986).
  194. Los Angeles Hearing, Vol. I, Robert Peters, p. 35.
  195. Stricharchuk, Selling Skin: "Porn King" Reuben Sturman Expands His Empire With the Help of a Businessman's Skills, Wall St. J., (May 8, 1985). p. 24, col. 1.
  196. Los Angeles Hearing, Vol. I, William Roberts, pp. 62, 74A.
  197. Chicago Hearing, Vol. I, Donald Smith, p. 31; Los Angeles Hearing, Vol. I, James Docherty, p. 7.
  198. Los Angeles Hearing, Vol. I, Robert Peters, p. 53.
  199. Los Angeles Hearing, Vol. I, William Roberts, p. 61.
  200. Id.
  201. See, The detailed description of how a typical sexually explicit movie is produced in this chapter.
  202. Interview with John Weston, Counsel, Adult Film Association of America (Mar. 8, 1986).
  203. Id.
  204. Id.
  205. Los Angeles Hearing, Vol. I, Robert Peters, p. 73.
  206. Los Angeles Hearing, Vol. I, William Roberts, p. 72; Interview with John Weston, Counsel, Adult Film Association (Mar. 8, 1986).
  207. Id.
  208. Id.
  209. Id.
  210. Los Angeles Hearing, Vol. I, William Roberts, pp. 71, 74D.
  211. Id.
  212. Los Angeles Hearing, Vol. I, William Roberts, p. 73.
  213. Id., p. 72.
  214. Id.
  215. Id.
  216. Los Angeles Hearing, Vol. I, Robert Peters. p. 35.
  217. Id.
  218. Id.
  219. Los Angeles Hearing, Vol. I, William Roberts, p. 72.
  220. Id.
  221. Id.
  222. Merrill Lynch, The Home Video Market: Times of Turbulence and Transition, (Jan. 6, 1986), p. 5.
  223. Id.
  224. Interview with Ronald Siegel, The Fairfield Group (Mar. 6, 1986).
  225. Id.
  226. New York Hearing, Vol. I, Gerald Piazza, p. 294.
  227. Los Angeles Hearing, Vol. I, John Weston, pp. 203A-13 citing, VCRs: Coming on Strong, Time, (Dec. 24, 1984), p. 47.
  228. Merrill Lynch, The Home Video Market: Times of Turbulence and Transition, (Jan. 6, 1986), p. 9.
  229. Id.
  230. Id., p. 3; Video Software Dealers Association, 1984 VSDA Annual Survey 3.
  231. Miami Hearing, Vol. I, Mike Herish, p. 91; Los Angeles Hearing, Vol. I, William Roberts, p. 72.
  232. Los Angeles Hearing, Vol. I, William Roberts, p. 74E.
  233. Id.
  234. Merrill Lynch, The Home Video Market: Times of Turbulence and Transition (Jan. 6, 1986), p. 9.
  235. Id.
  236. Id.
  237. The Abernathy/MacGregor Group Press Release entitled "Home Video Cassettes to Become Dominant Entertainment Medium by 1990s," p. 4.
  238. Id., p. 5.
  239. The Video Software Dealers Association is a national trade association whose regular membership consists of approximately two thousand retailers and wholesalers of video software throughout the United States and whose associate members include a number of motion picture companies, independent video producers and manufacturers of various products related to the video industry. Letter from Charles B. Ruttenberg, Counsel, Video Software Dealers Association to Alan E. Sears, Executive Director, Attorney General's Commission on Pornography (Jan. 16, 1986).
  240. The term "adult" was not explained or defined in the survey. It is therefore somewhat uncertain what participants included in this category. Interview with Charles Ruttenberg, Counsel, Video Software Dealers Association (May 9, 1986).
  241. Committee on Sexual Offenses Against Children and Youths, Sexual Offenses Against Children (1984).
  242. Malamuth and Spinner, A Longitudinal Content Analysis of Sexual Violence in the Best-Selling Erotic; Magazines, 16 The Journal of Sex Research 226 (1980). See also, Miami Hearing, Vol. II, Judith Reisman, p. 242; A Content Analysis of Playboy, Penthouse, and Hustler Magazines With Special Attention to the Portrayal of Children, Crime and Violence (The Institute for Media Education, Judith Reisman 1986); The Playboy Cartoon Information Delivery System and Client Sexual Exploitation By Health Professionals, Sexual Exploitation of Clients by Health Professionals (Accepted for publication, A.W. Burgess ed. 1985).
  243. See, The Imagery Found Among Magazines, Books, Films in "Adults Only" Pornographic Outlets discussed in this Part. Los Angeles Hearing, Vol. II, Joseph Haggerty, pp. 16-66.
  244. Chicago Hearing, Vol. I, Jack O'Malley, pp. 106, 111.
  245. Paraphilias are psychosexual disorders where "unusual or bizarre imagery or other acts are necessary for sexual excitement. Such imagery or acts tend to be insistently and involuntarily repetitive and generally involve either: (1) preference for use of a nonhuman object for sexual arousal; (2) repetitive sexual activity with humans involving real or simulated suffering or humiliation, or (3) repetitive sexual activity with nonconsenting partners. In other classifications these disorders are referred to as "Sexual Deviations." American Psychiatric Association, Diagnostic and Statistical Manual of Mental Disorders, (3d ed. 1983), p. 266.
  246. Dietz and Evans, Pornographic Imagery and Prevalence of Paraphilia, 139 American Journal of Psychiatry, (1982), p. 1493.
  247. Dietz, Harry and Hazelwood, Detective Magazines: Pornography for the Sexual Sadists? (1985) (available from Dr. Dietz, School of Law, University of Virginia).
  248. Telephone interview with Sergeant Donald Smith, Los Angeles Police Department (Mar. 9, 1986).
  249. Id.
  250. Telephone interview with Detective Robert Peters, Los Angeles Police Department (Mar. 9, 1986).
  251. Id.
  252. Id.
  253. Id.
  254. Chicago Hearing, Vol. I, Peter Petruzzellis, 288G; In conducting our analysis of the most widely circulated sexually explicit magazines, the Commission received substantial assistance from the Audit Bureau of Circulation (A.B.C.) which is a repository possessing factual information concerning the audited circulation of major magazine publications. The information made available by the A.B.C. provides the basis for estimated changes in the extent, volume and regional distribution of sales from 1975 to 1984. The information also describes the minimal market value of a significant portion of the pornographic magazine business in the United States.

    The A.B.C. prepares and issues standardized statements of circulation, geographical analysis, and other information reported to it by its membership. It also verifies the figures contained in the members' statements by means of an annual auditor's examination of the publisher's records. Finally, it distributes the above information, without editorial comment.

    The A.B.C. publishers' reports are prepared twice annually. Publishers submit figures indicating their total sales for each month as well as their average circulation for a given six-month period. The publishers also submit geographical analyses for their total paid circulation based on a one-month period.

    The A.B.C. records only provide circulation figures for sexually explicit magazines which are part of its membership. A.B.C. records, therefore, are not a comprehensive listing of the circulation of all sexually explicit magazines. In addition, the list of sexually explicit publications whose circulation is reported by the A.B.C. has changed from time to time. Not all sexually explicit magazines surveyed in this section have consistently been members of the A.B.C. However, A.B.C. figures were available for nine of the surveyed sexually explicit magazines in 1975, for thirteen in 1980 and for ten in 1984. Audit Bureau of Circulation Brochure, This is the ABC; Interview with Jackie Kid, Audit Bureau of Circulation (Feb. 10, 1986).

  255. See, Table Four.
  256. Media Industry Newsletter, (Mar. 5, 1986) Vol. 39, No. 9.
  257. Interview with Sergeant Donald Smith, Los Angeles Police Department (Mar. 9, 1986).
  258. Id.
  259. See, The Imagery Found Among Magazines, Books, Films in "Adults Only" Pornographic Outlets, infra.
  260. Interview with Sergeant Donald Smith, Los Angeles Police Department, (Mar. 9, 1986).
  261. Id.; Mail order companies can be found in most large cities such as Los Angeles, New York and Chicago as well as some smaller cities. Id.
  262. Id.
  263. Id.
  264. Los Angeles Hearing, Vol. I, Robert Peters, pp. 33-34.
  265. Id.
  266. Id.; Some magazines cost as much as two dollars to produce. Miami Hearing, Vol. I, Mike Berish, p. 91.
  267. Id.
  268. Interview with Detective Robert Peters, Los Angeles Police Department (Mar. 9, 1986); Interview with Washington, D.C., Metropolitan Police Department Detectives (Mar. 10, 1986).
  269. Id.
  270. Los Angeles Hearing, Vol. I, Brenda Fox, p. 283.
  271. Id.
  272. Id.
  273. Letter from James P. Mooney, President and Chief Executive Officer, National Cable Television Association to Henry E. Hudson, Chairman, Attorney General's Commission on Pornography (May 2, 1986).
  274. Los Angeles Hearing, Vol. I, Brenda Fox, p. 306-R.
  275. Id., pp. 306-N-306-0.
  276. Id., pp. 306-8.
  277. Id., p. 282,
  278. Id.
  279. 47 U.S.C. S521 et seq.
  280. Los Angeles Hearing, Vol. I, Brenda Fox, pp. 306-0-306-P. See, The discussion of FCC regulatory responsibilities in the Recommendations for Law Enforcement Agencies.
  281. Id., pp. 306S-306U.
  282. Id., pp. 306S-306T.
  283. Id., p. 306T.
  284. Id.
  285. Id., p. 306U.
  286. Id., p. 306-T.
  287. Id., p. 306-T-306-U.
  288. Id., p. 306-U.
  289. Id., p. 291. The exception to this rule occurs when, under the terms of the cable franchise agreement, cable operators are required to indiscriminantly lease channels to the public.
  290. Id., pp. 284-85.
  291. Id., pp. 283-84.
  292. Id., p. 284.
  293. Id., p. 286.
  294. Id., pp. 285, 306-X; Los Angeles Hearing, Vol. II, Charles Dawson, p. 173.
  295. Los Angeles Hearing, Vol. II, Jack Valenti, p. 55EE; theater goers under seventeen must be accompanied by a parent or guardian.
  296. Los Angeles Hearing, Vol. I, Brenda Fox, p. 289.
  297. Citizens for Decency Through Law, Cable Pornography: Problems &, Solutions 2(Jan. 1985).
  298. Los Angeles Hearing, Vol. I, Brenda Fox, p. 306-Y.
  299. Id.
  300. Id.
  301. Los Angeles Hearing, Vol. I, James Clancy, p. 345-I. See, Trans-Lux Theater v. People ex rel. Sweeton 366 So. 2d 710 (Ala. 1979) (finding "The Opening of Misty Beethoven" to be obscene).
  302. Los Angeles Hearing, Vol. I, Brenda Fox, p. 306-Z.
  303. Los Angeles Hearing, Vol. II, Charles Dawson, p. 173.
  304. Los Angeles Hearing, Vol. II, Jack Valenti, pp. 12-13.
  305. Los Angeles Hearing, Vol. I, Brenda Fox. p. 306-Z.
  306. Los Angeles Hearing, Vol. I, Brenda Fox. p. 306-Z.
  307. Id.
  308. Id., p. 306-AA.
  309. Letter from Ralph P. Davidson, Chairman of the Board, Time, Inc. to Alan E. Sears, Executive Director, Attorney General's Commission on Pornography, (Mar. 14, 1986), pp. 3-4.
  310. Los Angeles Hearing, Vol. I, Brenda Fox, p. 306-AA.
  311. Id.
  312. Los Angeles Hearing, Vol. II, Al Goldstein, p. 263. While the NCTA believes that Midnight Blue is an isolated case, there is no guarantee that a similar situation will not occur in other cable systems.
  313. Letter from Ralph P. Davidson, Chairman of the Board, Time, Inc., to Alan E. Sears, (Mar. 14, 1986), pp. 3-4.
  314. See, Film World, X-Rated Movie Handbook, (1986) Vol. 2, No. 8.
  315. See, Trans-Lux Theatre v. People ex rel. Sweeton, 366 So. 2d 710(Ala. 1979) (this movie was found legally obscene).
  316. Los Angeles Hearing, Vol. I, James Clancy, p. 345-H.
  317. Id., p. 314.
  318. Los Angeles Hearing, Vol. I, Brenda Fox, p. 287.
  319. Id.
  320. Id.
  321. Id.
  322. 47 U.S.C. S544 (d)(2)(A).
  323. Los Angeles Hearing, Vol. I, Brenda Fox, pp. 287-88.
  324. Los Angeles Hearing, Vol. I, William Dunkle, p. 248.
  325. Id., p. 249.
  326. Id.
  327. Id.
  328. Id.
  329. Los Angeles Hearing, Vol. I, Brent Ward, p. 228. Brent Ward has been the United States Attorney for Utah since_ 1981. He recently represented the United States in FCC v. Carlin Communications. In this case, an investigation was conducted which resulted in a judicial proceeding. Witnesses and evidence were subpoenaed regarding the Dial-A-Porn industry in general and the defendant in particular.
  330. Id.
  331. Los Angeles Hearing, Vol. I, Teresa Hillman, p. 379, 388A-6; Los Angeles Hearing, Vol. I, Brent Ward, p. 227.
  332. Id.
  333. Id.
  334. id.
  335. Id. at 228.
  336. Id. at 228.
  337. Id.
  338. Id. at 230.
  339. Id. at 231.
  340. Id.
  341. The telephone companies have issued such numbers as 976-FOXX, 976-4LUV, 976-SLUT and 976-LUST upon the request of a Dial-A-Porn provider. These numbers not only indicate that nature of the 976 service but are memorable numbers as well.
  342. Los Angeles Hearing, Vol. I, Teresa Hillman, p. 381; Flesh Fantasy News Paper, Vol. XIII, No. 23, Issue, No. 612(Aug. 9, 19 $-5) .
  343. Los Angeles Hearing, Vol. I Teresa Hillman, p. 380; Los Angeles Hearing, Vol. I, Brent Ward, p. 229.
  344. Los Angeles Hearing, Vol. I, Brent Ward, p.228
  345. Id.
  346. Id.
  347. Los Angeles Hearing, Vol. I, William Dunkle, p. 251.
  348. Id.
  349. Los Angeles Hearing, Vol. I, Brent Ward, p. 229.
  350. Id.
  351. Id.; Los Angeles Hearing, Vol. I, Teresa Hillman, p. 380.
  352. Los Angeles Hearing, Vol. I, Teresa Hillman, p. 380.
  353. Los Angeles Hearing, Vol. I, Brent Ward, p. 229.
  354. Id.
  355. Los Angeles Hearing, Vol. I, Judith Trevillian, p. 271.
  356. Los Angeles Hearing, Vol. I, William Dunkle, p. 259.
  357. Los Angeles Hearing, Vol. I, Brent Ward, p. 229.
  358. Los Angeles Hearing, Vol. I, Judith Trevillian, pp. 273-74.
  359. Los Angeles Hearing, Vol. I, William Dunkle, p. 250.
  360. See generally, Los Angeles Hearing, Vol. I, Teresa Hillman; Los Angeles Hearing, Vol. I, Judith Trevillian.
  361. Las Angeles Hearing, Vol. I, Judith Trevillian, p. 276.
  362. Id., p. 253.
  363. Id., p. 254.
  364. Id.; See, The discussion in recommendations for Law Enforcement Agencies for more information about the legal issues surrounding Dial-A-Porn.
  365. Los Angeles Hearing, Vol. I, Teresa Hillman, p. 383; Los Angeles Hearing, Vol. I, Brent Ward, p. 229.
  366. Los Angeles Hearing, Vol. I, Teresa Hillman, p. 388A-6.
  367. Los Angeles Hearing, Vol. I, Brent Ward, p. 230.
  368. Los Angeles Hearing, Vol. I, Teresa Hillman, p. 383.
  369. Los Angeles Hearing, Vol. I, Teresa Hillman, p. 383.
  370. Los Angeles Hearing, Vol. I, Brent Ward, p. 231; Los Angeles Hearing, Vol. I, Teresa Hillman, p. 377.
  371. Id., pp. 384-85; Los Angeles Hearing, Vol. I, Brent Ward, p. 230; Los Angeles Hearing, Vol. I, Judith Trevillian, p. 264.
  372. Los Angeles Hearing, Vol. I, Brent Ward, p. 230. In 1985 Dr. Victor Cline conducted research involving fourteen children (eleven boys and three girls) and their parents on the effects of Dial-A-Porn on children. He found that each of the children displayed an addictive behavior toward the Dial-A-Porn recordings. Cline reported that none of the children stopped placing the calls until they were admonished by their parents upon discovery of the practice. The research also concluded that the children retained very vivid and recurring memories of the Dial-A-Porn recordings. Cline observed that the children exhibited characteristics of embarrassment, guilt and shame about their involvement with Dial-A-Porn. Cline suggested that the long-term effects of the Dial-A-Porn experiences may be the most alarming.
  373. See, Section E for a complete discussion of Dial-A-Porn.
  374. A modem is an inexpensive device which connects the computer to the telephone system and allows the personal computer access to computer information systems. A modem can be a separate device that sits alongside your computer, or it can be an electronic board built inside the machine.
  375. Miami Hearing, Vol. I, Paul Hartman, p. 117A4.
  376. Id.; the owner's manual is supplied by the computer company and explains the mechanics of operations in detail. Id.
  377. Id.
  378. Id.
  379. Id., pp. 117A4-A5.
  380. Id., p. 117A4.
  381. Id., p. 117A5.
  382. Id.
  383. Id., p. 117A6.
  384. Id.
  385. The two largest home computer information services, CompuServe and The Source, operate in this manner. Telephone interview with CompuServe and The Source sales representatives. (March 6, 1986).
  386. Bane, X-Rated Computers, Genesis (Jan. 1984), pp. 76, 80.
  387. SEXTEX is the only service offered by CVC Online in New York. SEXTEX is synonymous with "COMPUSEX:" Interview with Chris Rogers, sales representative, CVC Online (Mar. 6, 1986).

    In the July 1985 issue of High Society an article discussing SEXTEX described the following as examples of SEXTEX communications.

    "Here's just a taste of the kinds of carnal conversations that go on every night with SEXTEX":

    Phone: How about sitting on my face?

    Ultimo First tell me how really great you are at eating pussy.

    Phone:   I like to take things slow, I start by rimming around your pussy with long strokes.

    'Ultima:    That sounds great, I'm already getting wet.

    Phone:      I like to tease until I see the sweet juice start to run out of your pussy.

    Slick:  You said a mouthful? While you've got your big shaft between my beautiful knockers you can stick the head of it in my mouth. Will you let me suck it and swallow the cream?

    Lust:  I sure will! I'm going to blow a load any minute. How's your pussy? I'll hold off for you.

    Slick: I've got my fingers working on it frantically, but I wanna hold out a little longer.

    Lust: Do you wanna come in my mouth?

    Slick: Do you wanna come all over my titties and pretty face? Maybe I should get out my instant camera so I can take a picture of your cum shooting out.

    Lust: Do you really have a camera? I think the keyboard would look great covered with your cum.

    Getting User Friendly with Computer Sex, High Society (July 1985), p. 7.

  388. Id., pp. 6-7.
  389. SEXTEX Brochure received by Commission February 12, 1986 (July 1985), p. 7.
  390. Id.
  391. CVC Online representative Chris Rogers stated that the application asks for the date of birth but no independent verification is sought. They rely on the fact that credit cards are needed for billing as a deterrent to under age subscribers. Interview with Chris Rogers, sales representative, CVC Online (Mar. 6, 1986).
  392. SEXTEX Brochure received by Commission February 12, 1986 by CVC Online, Inc.
  393. CVC Online Representative Chris Rogers stated that some time in the future alternative methods of payments may be available. Interview with Chris Rogers, CVC Online sales representative (Mar. 6, 1986).
  394. Carr, Type Dirty to Me, Playboy (Mar. 1985) p. 174.
  395. Id.
  396. Id., p. 175.
  397. Id., p. 176.
  398. "X"-Rated: The Joys of CompuSex, Time (May 14, 1984).
  399. Id.
  400. Id.
  401. This issue is specifically addressed in Chapter 11, discussing child pornography.
  402. Los Angeles Hearing, Vol. I, Ted Mcllvenna and Loretta Haroian, p. 224E.
  403. Id. The Commission received reports regarding individuals that used such "police" equipment to assist in obtaining access to victims of sexual abuse and/or rape; See, The Imagery Found Among Magazines, Books. Films in "Adults Only" Pornographic Outlets in Chapter 24.
  404. Other sadomasochistic sexual devices include orifice spreaders, testicle harnesses, body harnesses, branding irons, penis stretchers, crosses, enema bags, hand cuffs, rubber hands for anal insertion, underwear with openings for sexual usage, hoists, horse penises, leather straight jackets, lock restraints, mace, pins, racks, rectal catheters, restraining tables, stocks, breast chains, and nipple clamps. See, The Imagery Found Among Magazines, Books, Films in "Adults Only" Pornographic Outlets in Chapter 24.
  405. Interview with Ted Mcllvenna, President, The Institute for the Advanced Study of Human Sexuality (Feb. 28, 1986); Interview with Sergeant Don Smith, Los Angeles Police Department (Mar. 9, 1986).
  406. Some small scale manufacturing of these products still goes on in the United States. Id.
  407. Interview with Sergeant Don Smith, Los Angeles Police Department (Mar. 9, 1986).
  408. Id.
  409. Id.
  410. For further information on the Reuben Sturman operation See, The discussion of organized crime in Chapter 19.
  411. Id.
  412. Id.
  413. Id.
  414. Id.; Some sources estimate the number of "adults only" pornographic outlets to be sixteen thousand. Los Angeles Hearing, Vol. II, Dennis Sobin, p. 259.
  415. Interview with Sergeant Donald Smith, Los Angeles Police Department (Mar. 9, 1986).
  416. Interview with Ted Mcllvenna, President. Institute for the Advanced Study of Human Sexuality (Mar. 8, 1986).
  417. Interview with Detective Robert Peters, Los Angeles Police Department (Mar. 9, 1986).
  418. Interview with Ted Mcllvenna, President, Institute for the Advanced Study of Human Sexuality (Mar. 8, 1986).
  419. Cook, The "X"-Rated Economy, Forbes (Sept. 18, 1978), p. 81; Interview with Ted Mcllvenna, President, Institute for the Advanced Study of Human Sexuality (Mar. 8, 1986).
  420. See, The Imagery Found Among Magazines, Books, Films in "Adults Only" Pornographic Outlets in Chapter 24.
  421. Sampson, Commercial Traffic in Sexually Oriented Materials in the United States (1969-1970), in 3 Technical Report of the Commission on Obscenity and Pornography (1971), p. 98.
  422. Eisenberg, Toward a Bibliography of Erotic Pulps, 15 J. of Popular Culture (1982), pp. 175, 176; See, The Imagery Found Among Magazines, Books, Films in "Adults Only" Pornographic Outlets, infra.
  423. Interview with Daniel Eisenberg, Modern Languages and Linguistics Department, Florida State University (Apr. 10, 1986).
  424. See, The discussion on organized crime influence in the pornography industry for more information on Robert DiBernardo and Star Distributors, Inc.
  425. Eisenberg, Toward a Bibliography of Erotic Pulps, 15 J. of Popular Culture (1982), pp. 175, 179.
  426. Id. at 180.
  427. See, The Imagery Found Among Magazines, Books, Films, in "Adults Only" Pornographic Outlets in Chapter 24.
  428. Id.
  429. Id.
  430. Id.
  431. Id.
  432. Id.
  433. Id.
  434. Id.
  435. Id.
  436. Id.
  437. Id.
  438. Interview with Daniel Eisenberg, Modern Languages and Linguistics Department, Florida State University (Apr. 10, 1986).
  439. Id. This is particularly true with  Star Distributors. Id.
  440. Eisenberg, Toward a Bibliography of Erotic Pulps, 15 J. of Popular Culture, (1982), pp. 175, 176.
  441. Id., p. 181.
  442. See, The Imagery Found Among Magazines, Books, Films in "Adults Only" Pornographic Outlets in Chapter 24.
  443. Id.
  444. Id.; One such advertisement read: "Animal of Action Sexy Model has those hard to find and elaborate poses available! Tell her what you want to see, from golden showers, slaves, master, animals and action or bi-scenes, I ah, should I say I can pose anyway you want, live or in person or by mail. Send $10 in cash with your order."
  445. Id.
  446. Id.
  447. Id.
  448. Id.
  449. See, The Imagery Found Among Magazines, Books, Films in "Adults Only" Pornographic Outlets in Chapter 24.
  450. The best known of these tabloids is Screw Magazine. Even Screw Magazine is predominantly regionally circulated (seventy percent in New York). Interview with Dennis Sobin, President, First Amendment Consumer and Trade Society (FACTS) (Apr. 11, 1986).
  451. Id.
  452. Id.
  453. Id.
  454. Id.
  455. See, The Imagery Found Among Magazines, Books, Films in "Adults Only" Pornographic Outlets in Chapter 24.
  456. Hollywood Press, July 5, 1985, p. 2.
  457. Id., p. 11.
  458. Id.
  459. Id., p. 21.
  460. Id.
  461. Id.
  462. It should be noted that the fact that a publication has advertisements for prostitution does not make it a sexually explicit publication. Sexual explicitness refers to the publication as a whole, not simply its advertisements.
  463. Interview with Dennis Sobin, President, First Amendment Consumer and Trade Society (FACTS) (Apr. 11, 1986).
  464. Id.
  465. Id.
  466. Id.
  467. Id.
  468. Id.
  469. Id.
  470. Dennis Sobin states that sexually explicit magazines sell their mailing lists. These lists are extremely useful to these small publications. Id.
  471. Id.
  472. Id.
  473. Id.
  474. See, Los Angeles Hearing, Vol. II, Charles Sullivan, p. 66; Los Angeles Hearing, Vol. II, Caryl Cid, p. 127; Los Angeles Hearing, Vol. II, Brian Cid, p. 134. See also, The discussion of advertisements in tabloids for these photo sets.
  475. Sexually explicit magazines include solicitations for photographs through amateur photograph contests. See, Dominatrix Domain, No. 17, p. 33.
  476. Los Angeles Hearing, Vol. II, Charles Sullivan, pp. 65, 76B.
  477. Id., p. 66.
  478. Id.
  479. Los Angeles Hearing, Vol. II, Caryl Cid, p. 127.
  480. Id.
  481. Id., pp. 127-29; United States v. Petrov, 747 F.2d (2nd Cr. 1984), p. 824.
  482. Id., p. 129. In a different case in Colorado a "search resulted in the seizure of approximately five thousand photographs, negatives and video cassettes depicting young men and women in their late teens and early twenties in various sadomasochistic and other types of pornographic poses. Various props for these photographs such as wooden stocks, wooden racks, a jail cell, ropes, boards with nails protruding from then and other torture devices were located." Los Angeles hearing, Vol. II, Charles Sullivan, p. 66. See also, The Imagery Found Among Magazines, Books, Films in "Adults Only" Pornographic Outlets, infra. for a description of depictions from the Spectra Photo case which appeared in the magazine Big Tit Dildo Bondage.
  483. Chicago Hearing, Vol. II, Frederick Scullin, p. 56E.
  484. "Piercing" is a slang term for a paraphilia in which sexual arousal requires piercing the skin, and often the genitals, with pins, needles, and other sharp instruments.
  485. "Scat" is a slang term describing sexual conduct in which feces are either used or ingested by one of the participants.
  486. "Love to model in person or by mail. Custom poses. Any position, any attire, any partners. Nothing too radical.

    Try me. Send a $5 bill for 3 gorgeous color photos or send a $20 bill for 10 mind-shocking photos and private phone. You won't be disappointed:" Trained Teen Slave and Over Daddy's Knee (1984), p. 174. See also, Dominatrix Domain, No. 17,

  487. A Federal Bureau of Investigation agent testified before the Commission,"... the actual order from the customer was located in his or her handwriting. Some of these orders were for custom shots with a customer actually describing the poses that the models should effect and naming particular models they wanted to see in these photographs:" Los Angeles Hearing, Vol. II, Charles Sullivan, pp. 68-69; See, Washington Hearing, Vol. II, Ken Lanning, pp. 30-31.
  488. Los Angeles Hearing, Vol. II, Charles Sullivan, p. 69.
  489. Los Angeles Hearing, Vol. II, Caryl Cid, p. 127; See also, Chicago Hearing, Vol. II, Frederick Scullin, p. 45.
  490. Special Agent Brian Cid stated, ". . . from 1978 until 1982 Byrum did thirty thousand dollars worth of business with Spectra, doing business as  Dorthy Byrym, operated a mail order company from his apartment in   Pottsville, Pennsylvania. He specialized in photographs depicting the bondage and torture of women. lie sold the photographs in color set packages often for eight dollars and black and white set packages for six dollars. His mailing list consisted of over three hundred customers nationwide." Los Angeles Hearing, Vol. II, Brian Cid, p. 134.
  491. Los Angeles Hearing, Vol. II, Charles Sullivan, p. 72.
  492. Id., p. 68.
  493. See, The detailed discussion of "adults only" pornographic outlets in this Chapter.
  494. The advertisements often accompany a photograph. The following area few examples of these advertisements.

    "Ten photos of this faceless slave. She is bound onto a metal chair. Rope is wrapped around her neck and chest. Great fantasy set." Fundgeon Times, Vol. I, No. 4, p. 10.

    "Tim's slave girl is bound upside, down hand and foot. Clips on her nipples and pussy. See her twist and turn. Ten good shots." Id.

    "This is one of the best selling photo sets. Debbie was bound to the bed and a riding crop as well as several nipple clamps were used on her. The marks are real!!" Id., p. 12.

  495. See, The discussion of Dial-A-Porn in this Chapter.
  496. Washington, D.C., Hearing, Vol. I, Sarah Wynter, p. 183.

    p. 34; Fundgeon Times, Vol. I, No. 4, p. 15.

  497. Chicago Hearing, Vol. I, Diann, p. 29N.
  498. Id.
  499. Washington, D.C., Hearing, Vol. II, Dennis DeBord, p. 9; Some booths are as large as four feet by eight feet. New York Hearing, Vol. I, Bookstore Operator, p. 127.
  500. Washington, D.C., Vol. II, Dennis DeBord, p. 99.
  501. Id., p. 97.
  502. Id., p. 99.
  503. Id.
  504. New York Hearing, Vol. I, William Kelly, p. 84.
  505. Washington, D.C., Hearing, Vol. II, Dennis DeBord, pp. 97-98.
  506. Id., p. 98
  507. New York Hearing, Vol. I, Bookstore Operator, p. 145.
  508. Los Angeles Hearing, Vol. I, Robert Peters, p. 105.
  509. Id., p. 149.
  510. Washingon, D.C., Hearing, Vol. II, Dennis DeBord, pp. 98-99.
  511. New York Hearing, Vol. 1, Bookstore Operator, p. 128.
  512. Washington, D.C., Hearing, Vol. II, Dennis DeBord, p. 99-l00.
  513. Id.
  514. An appointment schedule may indicate a person's name, age, penis size, sexual preference, age and description of the sexual partner being sought, such as "young boy looking for...:" and the date, time and location of a future meeting. Id.
  515. Some stores impose a minimum number of tokens which must be purchased.
  516. Washington, D.C., Hearing, Vol. II, Dennis DeBord, p. 97.
  517. Some peep booths are equipped with closed circuit television. Houston Hearing, Vol. I, W. D. Brown, p. 41.
  518. Id.; Washington, D.C., Hearing, Vol. II, Dennis DeBord, p. 98.
  519. Washington, D.C., Hearing, Vol. II, Dennis DeBord, pp. 98-99.
  520. Interview with Detective Robert Peters, Los Angeles Police Department (Mar. 10. 1986).
  521. Houston Hearing, Vol. I, W. D. Brown, p. 36.
  522. The holes are commonly referred to as "glory holes:" Id.
  523. Interview with detectives, Washington, D.C., Metropolitan Police Department, in Washington, D.C. (Feb. 21, 1986).
  524. Washington, D.C., Hearing, Vol. II, Dennis DeBord, pp. 101-03. 2
  525. Id., p. 103; Houston Hearing, Vol. II, W. D. Brown, p. 39.
  526. Houston Hearing, Vol. I, W. D. Brown, p. 39.
  527. Washington, D.C., Hearing, Vol. II, Dennis DeBord, p. 101.
  528. Id., pp. 101-02.
  529. Id., p. 101.
  530. Id., pp. 101-02.
  531. Id., p. 102.
  532. Id.
  533. Id.
  534. Id.
  535. Id., pp. 100-01.
  536. New York Hearing, Vol. I, William Kelly, p. 85.
  537. Id.
  538. Houston Hearing, Vol. I, W. D. Brown, p. 35.
  539. Washington, D.C., Hearing, Vol. II, Dennis DeBord, p. 95.
  540. Id.
  541. Id., p. 96.
  542. Houston Hearing, Vol. I, Brown, p. 37.
  543. Houston Hearing, Vol. I, W. D., Brown, p. 37.
  544. Id.
  545. It has been found that most of these chemical agents contain volatile nitrites which are schedule D drugs. These chemical agents are primarily used for the alleged stimulation of sexual desires and sexual arousal, although many are marketed under the pretext that they have other purposes such as room deodorizing or for use as perfume. "The Spanish fly;" a prominent chemical product on the market, has a high concentration of caffeine. Houston Hearing, Vol. I, W. D. Brown, pp. 38-39.
  546. Id.; Washington, D.C., Hearing, Vol. II, Dennis DeBord, p. 96.
  547. Washington, D.C., Hearing, Vol. II, Dennis DeBord, p. 96.
  548. Id., pp. 96-97.
  549. Id., p. 96.
  550. Id.
  551. For a more thorough discussion and description of magazines, See, The Imagery Found Among Magazines, Books, Films in "Adults Only" Pornographic Outlets in Chapter 24. One expert has advised the Commission Staff that the American Psychiatric Association could rewrite its Diagnostic Statistical Manual Sections on psychosexual disorders based on the various subjects of sexually explicit magazines.
  552. Houston Hearing, Vol. I. W. D. Brown, p. 37. Some of these outlets also have a list of vice squad officers so they can be identified and not sold sexually explicit materials. Id., p. 39.
  553. Washington, D.C., Hearing, Vol. II Dennis DeBord, p. 96.
  554. Id.
  555. Id.
  556. Id.
  557. See, The discussion of paperback books observed in "adults only" pornographic outlets in The Imagery Found Among Magazines, Books, Films in "Adults Only" Pornographic Outlets in Chapter 24.
  558. Washington, D.C., Hearing, Vol. II, Dennis DeBord, p. 96.
  559. Id., p. 97.
  560. Los Angeles Hearing, Vol. I, William Roberts, p. 71; Miami Hearing, Vol. I, Mike Berish, p. 91; See, The discussion and description of the sexually explicit video industry for further information.
  561. New York Hearing, Vol. I, William Kelly, p. 84; See, The detailed discussion of peep show booths in this Chapter.
  562. Houston Hearing, Vol. I, W. D. Brown, p. 42.
  563. Commission staff survey of ''adults only" pornographic outlets, New York City Times Square District, October, 1985.
  564. Id.
  565. Id.
  566. See, The discussion of organized crime involvement in the pornography industry for further information.
  567. New York Hearing, Vol. I, Bookstore Operator, pp. 142-55.
  568. Id., p. 149.
  569. Id., pp. 146-47.
  570. Id., p. 144.
  571. Id., p. 149.
  572. See, Section B in this Chapter for a detailed discussion of sexually explicit video tapes.
  573. For example, of the three top selling sexually explicit magazines at least fifty percent or more of their total sales in 1982 were attributed to single copy sales. Audit Bureau of Circulation, ABC Audit Report-Playboy, Penthouse, and Hustler, 1982.
  574. The Commission heard testimony regarding of convenience stores nationwide which sell pcrnographic magazines and video tapes. Thousands of such retail outlets have stopped selling sexually explicit magazines in recent months.
  575. See, The discussion of newspaper distribution for further information.
  576. Army and Air Force Exchange Service Manual, (Jan.. 1985), pp. 40-11, Ch. 10, Sec. 2.
  577. Id.
  578. The "adult-oriented" classification is determined as follows:

    Army installations: The installation commander should use the consumer advisory council to decide which magazines stocked by the exchange should be classified as adult-oriented for display purposes. The council will meet, when necessary, to review new magazines offered for sale, and to review the entire assortment every 2 years ....

    Air Force installations: The exchange manager, in coordination with the installation commander, should decide which magazines stocked by the exchange should be classified as adult-oriented ....

    On both Army and Air Force installation, departmental policies define magazines to be classified as adult-oriented as those that: (1) When considered as a whole, are patently offensive under contemporary standards of the local military community as to what is suitable material for children, and (2) If openly displayed or with portions of their contents exposed to unconsenting customers or other patrons, would invade those persons' right to privacy. Id., Sec. 3(a)-(c).

  579. Id., Sec. 3-4.
  580. Id., Sec. 4.
  581. Id.
  582. Interview with Phil Alsup, Washington Legal Counsel, Army and Air Force Exchange Service in Washington, D.C. (Mar. 7, 1986).
  583. Id.
  584. See, The discussion of the MPAA rating system in this Chapter for further information.
  585. Marine Corps Exchange Manual, Ch. 2, Sec. 11, p. 21108.
  586. Id.
  587. Id.; SALE OF "ADULT" TYPE LITERATURE. Commanders will ensure that "adult" type literature sold in Marine Corps exchanges is made available for sale in a manner which reduces public exposure and discourages browsing by patrons who are minors. One method of reducing public exposure to "adult" literature would be to place all such material behind the sales counter, posting notice to "inquire at the sales counter for adult literature." Another method would be to display the literature on the to shelf exposing only the titles.

    Marine Corps Exchange Manual, (May 1983), Ch. 2.

  588. Id., p. 21109.
  589. Id.
  590. Interview with Estelle Shenkler, Counsel, Navy Resale Services Support Office (Mar. 6, 1986).
  591. Literature and Recordings:
    1. Policy on Offensive Literature: The sale of magazines, comics, pocket-size books and other periodicals that are considered offensive is prohibited. Magazines, comics, pocket-size books and other periodicals as well as their covers will be screened by the commanding officer or his/her designated representative(s) and those that are considered offensive will not be sold.
    2. Policy on Offensive Recordings: The sale of phonograph records and other recordings (including video tape recordings) deemed offensive is prohibited. Phonograph records and other recordings as well as their package covers will be screened by the commanding officer or his/her designated representative(s). Those items considered to be offensive will not be placed on sale ....
    3. Screening Program: Using the suggested guidelines, a continuing program which requires regular screening of all adult reading material and adult recordings before they are placed on sale will be maintained by the commanding officer or his/her designated representative. Any material which is considered offensive will not be sold. An exchange's physical location and patronage are factors to be considered. When a determination is made to sell adult type material, it will not be put on open display. Magazines may be offered from racks in which only the title portion of the magazines is visible. Adult type literature and recordings which by virtue of the title or package design are not suitable for open display will be made available, upon request, at such locations as checkout counters, customer service desks or other similar areas where a clerk is in attendance. A sign will be placed on the appropriate racks or counters informing customers that the adult type material is located at designated counters and is available upon request. Counters designated as appropriate to the sale of adult type material will be identified with an informative sign.

    Navy Exchange Manual, Ch. 4, Part A, Sec. IV, p. 4134, 2.f (Nov. 1984); Id. at f(1), f(2), and f(4).

  592. Interview with Estelle Shenkler, Counsel, Navy Resale Services Support Office (Mar. 6, 1986).
  593. Navy Exchange Manual, Ch. 4, Part. A. Sec. IV, p. 4134, 2.f (Nov. 1984).
  594. New York Hearing, Vol. I, Sam Currin, p. 85.
  595. Id.
  596. Id.
  597. Enslin v. Fulham, No. 83-137-Civ.-4 (E.D.N.C. 1984).
  598. New York Hearing, Vol. I, Sam Currin, p. 127A-11.
  599. Id., p. 86; See also, Hustler v. Gsell, Civil Action No. R-79-1482. In 1979, Hustler Magazine, Inc., Chic Magazine, Inc. and Flynt Distributing Company, Inc. filed a legal action against Army and Air Force Exchange Service

    representatives. The suit charged that the base exchanges in the Capitol Exchange Region refused to sell Hustler and Chic although similar magazines published by their competitors were sold in the exchanges. The plaintiffs claimed that this decision was arbitrary and a violation of their First and Fifth Amendment rights. The base exchange operators argued that they stocked their exchanges based on customer demand and sales potential. the plaintiffs asserted that all of the three base exchanges in question sold Playboy and Penthouse, the two most widely circulated sexually explicit magazines for men; Playgirl, the highest selling sexually explicit magazine directed toward women, and Players, another widely circulated sexually explicit magazine.

    The Court in entering a judgment in favor of defendants based its decision on defendants' testimony that the decision to stock merchandise was a business decision. Hustler and Chic were not excluded because of content.

  600. The seventeen systems included Alabama, Arizona, the United States Bureau of Prison, California, Florida, Illinois, Kentucky, Massachusetts, Michigan, Nevada, New Jersey, New York, Tennessee, Texas, Virginia, Washington, and Wisconsin.
  601. Affidavit of Grant H. Kendrick, Michigan State Prisoner # 131851 (Sept. 9, 1984).
  602. New York also has a list of disapproved publications.

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