Meese Report - Time and Structure

The time and structual constraints placed upon our Commission's work were extremely problematic, causing concern regarding compromise made in the final editing process. The workload has been unmanageable throughout the year. The ultimate task of reviewing over two thousand pages of final draft in three days time to meet our print deadline was totally unrealistic. In addition, the critical job of consolidating and clearing all the Commissioner's last minute corrections was an unreasonable expectation of the already exhausted Staff, who have reportedly worked into every night of the last several weeks. If the Commission had more resources to pursue additional study, more opportunity to meet in sub-committees, and more time to review the final product, I believe a more thoughtful and confident consensus would have resulted. However, given the Commission's limitations, the final report is a document which raises issues that are relevant and worthy of a considerable investment of time and energy made by each Commissioner and the Staff. There are two specific recommendations about which I wish to express concern.

Recommendation Number 8: State Legislatures should amend, if necessary obscenity statutes to eliminate misde meanor status for second offenses and make any second offense punishable as felony.
The arbitrary imposition of a felony status for second offenders could possibly discourage any actions on some second offenses by Prosecutors denied room for negotiation.
Recommendation Number 88: Legislatures should conduct hearings and consider legislation recognizing a civil remedy for harms attributable to pornography.
While I support the concept of civil rights actions on behalf of victims, a rewriting of the substantiation for this recommendation was not available for review by Commissioners at the time of the deadline for this statement.

It is also of considerable concern that the Commission members were never able to agree on the types of materials that fall within the framework for classes I, II, and III materials. In the absence of such clarity, and without a comprehensive survey of materials available in bookstores, theatres, video outlets, and other vendors, it is only conjecture to presume that the "predominance" of obscene materials portray degradation.

Statement of Deanne Tilton-Durfee