Mukasey Says He’ll ‘Review’ DOJ Obscenity Enforcement

WASHINGTON — During recent Senate confirmation hearings for Michael Mukasey, President George W. Bush’s nominee to fill the vacant U.S. Attorney General position, Mukasey said that if he is confirmed, he will reevaluate the Justice Department’s obscenity law enforcement strategy.

Senator Orrin Hatch, R-UT, raised the topic of adult entertainment, asserting that the Justice Department has in recent years compiled a “terrible record enforcing adult obscenity law.” Saying that “pornography and obscenity consumption harms individuals, families [and] communities,” Hatch asserted that the Justice Department in recent years had prosecuted “too narrow a range of obscenity.”

In his response, Mukasey appeared to agree with Hatch’s assessment, saying “I recognize that mainstream materials can have an effect of cheapening a society, objectifying women, and endangering children in a way that we can’t tolerate,” and promised to review the Justice Department’s current policy of prosecuting only “extreme” materials.

Asked for his reaction to Mukasey’s statement, Jeffrey Douglas, chairman of the Free Speech Coalition, told XBIZ that he was not worried that a major shift in obscenity prosecution strategy would take place at the Justice Department if Mukasey is confirmed.

“Frankly, that concerns me not one little bit,” Douglas said. “For any candidate looking to fill that position [Attorney General], this would be a typical response. Janet Reno might have said something very similar — it doesn’t mean that they have any intention of actually changing their prosecutorial strategy.”

Douglas noted that in the recent Five Star/JM Productions obscenity case, the jury ultimately convicted on only a single DVD out of the four in the indictment, even though much of the evidence showing that similar materials frequently were consumed in the relevant community was disallowed.

“When juries already are refusing to convict on material that can be described as ‘extreme,’ it seems naïve to believe that a future jury would turn around and convict on standard, run-of-the-mill hardcore,” Douglas said.

Related:  

Copyright © 2025 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

NYC Adult Businesses Seek SCOTUS Appeal in Zoning Case

Attorneys representing a group of New York City adult businesses are asking the U.S. Supreme Court to hear an appeal of a lower court’s decision allowing enforcement of a 2001 zoning law aimed at forcing adult retail stores out of most parts of New York City.

Teasy Agency Launches Marketing Firm

Teasy Agency has officially launched Teasy Marketing firm.

Kasey Kei Fronts 'Transsexual Hitchhikers 5' From GenderX

Kasey Kei stars alongside reigning XMAs Gay Performer of the Year Derek Kage in the fifth volume of GenderX Films' "Transsexual Hitchhikers," directed by Jim Powers.

Amirah Adara, Tiffany Tatum Star in Latest From MixedX

Amirah Adara and 2023 Euro XMAs Female Performer of the Year Tiffany Tatum star in the latest release from MixedX, titled “The Wrong Word.”

LorReign Performs 1st Gangbang for WIFEY

Content creator and former Colorado sheriff's deputy LorReign performs her first gangbang in the latest scene from Vixen Media Group (VMG) studio imprint WIFEY.

Richard Mann Drops 1st Evil Angel Showcase With Rebel Rhyder

Rebel Rhyder stars in Richard Mann’s first Evil Angel showcase, titled "A Day In The Life Of: Rebel Rhyder."

Amy Nosferatu Fronts Latest From TransAngels

Amy Nosferatu stars with OnlyMatt in the latest release from TransAngels, titled “It’s Giving No Thanks.”

Daphne Klyde Returns to Immoral Productions

Daphne Klyde stars in a new two-part scene from Immoral Productions alongside Charlie Dean and Matt Bird.

Erika Lust Reflects on Vanguard Legacy and the Right to Pleasure

Erika Lust has spent two decades defying assumptions about what porn can be. The Barcelona-based filmmaker and studio head has built a global reputation on a simple premise: that sex onscreen should feel human, ethical and emotionally resonant.

Ofcom Investigates More Sites in Wake of AV Traffic Shifts

U.K. media regulator Ofcom has launched investigations into 20 more adult sites as part of its age assurance enforcement program under the Online Safety Act.

Show More