TESTIMONY OF MR. HAL K. NEGBAUR, CHAIRMAN, COMMUNITY BOARD No. 5, BOROUGH OF MANHATTAN, CITY OF NEW YORK TO HOUSE EDUCATION COMMITTEE Mr. Chairman, Members of the House Education Committee: My name is Hal Negbaur and I am Chairman of Community Board No. 5, in the Borough of Manhatton, City of New York. The district I represent includes over one million, two hundred thousand day-time workers and permanent residents. We are most gratified that this Committee has seen fit to take such rapid action on what is undoubtedly the worst form of social perversion to be called to recent public attention that is, the use of minors in pornography. No doubt all of you are aware of the efforts by the Mayor to control the spread of pornography throughout New York City. Unfortunately, there are many Constitutional problems facing any anti-pornographic legislation, particularly how it relates to the first amendment. But what we have here is something that has nothing to do with freedom of expression. The use of minors as instruments of pornography is the most shocking and despicable exploitation of our innocent young that has ever confronted any responsible citizen. Even more so, when we hear that often the children's own parents are aware of, or worse, directly responsible for the children's participation in this sexual filth. There can be no question that strong, enforceable legislation is needed to completely eradicate-not control or modify-but completely eradicate the use of children in pornography. And there are strong precedents for such legislation whereby the rights of minors are protected by federal law, notably child labor and welfare laws. Every state of the union has mandatory education laws to a certain age and we are all aware of the felonies relating to acts which are endangering the well-being of minors. Only last week, the New York State Assembly passed a bill making it a felony to use children under the age of 16 in sexual performances, e.g., plays, motion pictures, photographs, dances or any other visual presentation exhibited before an audience. The State Senate is expected to pass its version of the bill in the very near future. The public outcry against this growing trade in pornographic films, magazines and live performances using children demands quick and effective legislation, not only on the state level, but federal, as well. Community Board No. 5 encompasses the Times Square area, where I am sorry to say, this atrocious activity is all too prevalent. Again, I reiterate to you, there is no constitutional issue at stake here. Paramount to all other considerations is the safeguard of our young-the future of our nation, as a matter of fact. Reduced to its finest denomination, this is the worst abomination of sexual perversion, with the exception of incest. No one today permits a child to stand before a piece of machinery, for 16-10 or or even eight hours a day, without proper protective standards. No one expects it because of federal law which prohibits it! Everyone knows, in most cases, that every child must attend school regularly until the age of 16. It is so mandated because it is in the best interest of each child. Then, I ask you, how in the best interest do we, who have the power, ever permit any single child to perform an act of sexual perversion that is in fact repulsive to us. In behalf of anything that relates to common decency, I implore you to take the necessary legislative steps to halt the involvement of our young-this nation's future in these acts of public perversion. Do not quibble-even hesitate for one second-over Constitutional issues, as I have heard too often as false arguments. I implore you to act accordingly in the name of all that is decent and correct to protect our unsuspecting youth against these insidious and contemptible merchants of cheap, trashy and disgusting sex. No founding Father had such enterprises in mind under the guise of the First Amendment and I challenge anyone to justify any further actions as expressions within the limitations of the first amendment. I implore you to take whatever legislative steps are necessary and they are necessary to bring these contemptible acts to an immediate halt, with the severest penalties possible. Thank you. PTA NATIONAL CONGRESS OF PARENTS AND TEACHERS NATIONAL CONGRESS OF PARENTS AND TEACHERS 700 NORTH RUSH STREET CHICAGO, ILLINOIS 60611 Testimony Presented to the SPECIAL COMMITTEE ON SELECT EDUCATION New York, New York May 31, 1977 I am the Juvenile Protection Chairman for the New York State Congress of Parents and Teachers. We thank you for this opportunity to present testimony for the National PTA regarding their position on the sexual exploitation of children through obscene and pornographic materials. By vote of the assembled delegates at their annual convention held earlier this May, the National PTA, which has a membership of six and a half million, adopted the following resolution: REAFFIRMATION REGARDING OBSCENE AND PORNOGRAPHIC MATERIAL WHEREAS, current trends indicate that children are now being extensively employed in the creation, production and/or manufacture of obscene and pornographic material to the obvious abuse of such juveniles, be it therefore RESOLVED: That the National PTA strongly urge its local units, There has been much testimony as to the devastating and crippling effects this abuse of young children has. We want you to know that this is a major concern of the PTA, and that we endorse the move to pass strong laws both at the state and national level which will set severe penalties for parents and other adults who permit and/or procure children to participate in the making of obscene or pornographic movies, exhibitions, magazines, or other material. We are an organization whose whole purpose is to promote the welfare of children and youth. We will help in whatever way we can to see that this abuse is put to a stop. Clare Worthing 75 Weaving Lane Wantagh, New York 11793 516/735-9664 Published Afternoons and Sunday Mornings in The Tribune Building, Colfax Ave. at Lafayette Blvd., South Bend, Ind. 46626 For the vast majority of Americans, child pornography and child prostitution are highly distasteful signs of a sick society. For others, perhaps more than we have recognized, the exploitation of children has become a costly delight or a means to wealth. This is indicated by testimony before a House Judiciary subcommittee which is investigating whether new laws are required to stop the rapid spread of child pornography and the growth of child prostitution rings. Genesee County, Mich., Prosecutor Robert F. Leonard said that the stereotype of child pornographers as dirty old men has proved false. "...We have found a different type in many cases. Offenders often are wealthy, mobile, educated, sometimes very important members of a community." Leonard said such people "infiltrate organizations" intended to help the young and often set up camps, schools or other recreational facilities to attract children for sex while earning money at the same time. Leonard, who is also head of the National Association of District Attorneys, and Los Angeles Police Sgt. Lloyd H. Martin said there is a steady supply of runaway children for what is becoming a big business. Martin told the investigators a 12-year-old boy can earn up to $1,000 a day as a prostitute and subject for pornographic pictures, although most receive much less and a pimp may retain 50 per cent of the earnings. Prosecution of child pornography cases has proved difficult under existing laws, although prosecution of those who abuse children should withstand any constitutional challenge so long as the evidence is adequate. Whatever arguments may be advanced about the rights of consenting adults to whatever materials they choose, the sexual exploitation of children, many of whom as runaways are especially vulnerable, is intolerable in a civilized society. Fortunately, no complaints about child pornography have been received locally. If new federal laws are required, Congress should enact them. Meanwhile, wherever it occurs officials should act under existing laws to stop the circulation of any material that glorifies the molesting of children. 94-079 78 29 SMartin's 175 Fifth Avenue, New York, New York 10010) DEFENDING "SHOW ME!" by Tom McCormack President, St. Martin's Press Press Telephone (212) 674-5151 One of the special virtues of being a book publisher is that it ensures a continuing education. You're always reading manuscripts, and their subjects aren't restricted by your own tastes and interests. You read whatever people submit. So you're forcibly introduced to new experiences. It stretches you. This past year St. Martin's published a book that almost stretched me in another sense. "Stretch," as in, "Lefty is doing a stretch at Sing Sing." St. Martin's was the proud publisher of the only hardcover book issued in 1975 to be prosecuted for obscenity. The book is SHOW ME! A Picture Book of Sex for Children and In this article I'd like to tell why I went to court, and what I learned there. First, I should describe the book. It is large--13 x 9. It has 176 pages, 32 of which are given over to text by Dr. Fleischauer-Hardt explaining how to use the book and the rationale behind it. ("We are of the opinion that only an explicit and realistic presentation of sex can spare children fear and guilt feelings related to sexuality. For this reason we chose photography as a medium.") The rest of the book is comprised of Will McBride's photos. The book begins with pictures of two children of about eight who examine their anatomical differences and express wonder and bafflement about sex. The succeeding pictures show the developing sexuality of older children, through to adulthood and, finally, parenthood. The children learn about sex by seeing it enacted by their elders. The photos are thoughtful, affectionate, loving, warm-and totally explicit, far more explicit than anything ever before devised for use with children. Moreover, they are not confined to depictions solely of copulation. They show childhood sex games, masturbation, and oral sex as well. Why? Because these things are a natural part of human sexuality, and it is intended that none of them be condemned, hidden, secret, unshowable. The rationale behind this total explicitness is the authors' firm conviction that a completely open, relaxed and non-restrictive sexual education is the best way to develop a normal, happy sexuality. Putting it the other way around, they point out that no one is born with a feeling of shame, guilt, fear or anxiety about sex. It is taught to them. And the lesson is communicated less in this era by outright condemnation of sex than by silent suppression. The muzzling aura of taboo soon conveys its message to the growing child; he is scolded for touching or showing his own genitals, for looking at his sister's, for repeating some sex joke he heard at school. He soon senses his mother would not want him looking at those pictures of naked ladies that his friend has. He notices his parents' embarrassment or scandal when he uses certain words or asks certain questions. In a burst of enlightenment, they may buy him a book about the birds and the bees. It's a cartoon book and the one thing he is desperately looking for is the one thing shielded--the Mommy and the Daddy are in bed together with the blankets up to their chins. Why can't he see what's going on? Is it so awful? It must be, because it is never shown. And never discussed in specific terms. And so the message gets across. Some 70,000 copies of SHOW ME! have been sold in North America. It is in book stores from coast to coast. It has received supreme praise and total condemnation. In many communities, the book has been called to the attention of the local prosecutor who has examined it and declined to prosecute. The general opinion has been that it would be a waste of time and money because conviction was impossible. At least one prosecutor added, "And I'd end up looking like a damn fool." But, four times, prosecutors went ahead: In Massachusetts, New Hampshire, Oklahoma and in Toronto, Canada. I found that as a witness--and as a publisher answering his mail--the first task we had was convincing antagonists that the authors and the publisher could possibly have been sincere in their arguments for SHOW ME! The child psychologist in Switzerland must have wanted to produce pornography. She could never have believed that revealing the facts of sex to young children was good thing. Here is a child touching her own anus. How can that be justified? Here is a picture of a woman kissing a man's penis. Here is a totally explicit photo of a penis penetrating a vagina. There can be no sincere defense of such things. |