Public Policy Position on Pornography
Background
Increasingly, people in the communities of New Mexico are raising profound concern about the production, availability, sales and distribution of pornographic materials. Many are turning to city and state authorities to reduce or eliminate such materials. Many religious communities also are expressing similar concerns. They see in these materials the erosion of values which they cherish: respect for and integrity of human life, the wholesome enrichment of human relationships, and the God-given gift and mystery of human sexuality. Furthermore there is evidence that the "industry" which produces these materials and the places of distribution attract criminal elements.
In considering the appropriate place of public policy a number of justice questions cluster around this issue: the degradation of women, men and children, the impact of addictive material, the implicit/explicit description of violence. Many of these issues cannot be resolved by public policy, yet require the prophetic critique of the churches.
Additionally, the NMCC is aware that public policy formation concerning pornography is feared by some as an intrusion into private rights and raises the specter of "censorship". Certainly there are constitutional values of free speech and press as well as unreasonable search and seizure which require close adherence. Yet, the complexity of these interfacing values should not preclude a deliberate and intentional public debate about the whole issue of pornography and the appropriate role of public policy in defining what is and is not obscene, what can and cannot be produced, distributed and sold in our communities. The U.S. Supreme Court guidelines are of critical importance in this debate as well as existing federal statues governing the creation, distribution and sales of pornographic materials.
Policy Guidelines
In light of the above background, the NMCC will apply the following guidelines to its evaluation and support of public policies concerning pornography:
- Public policy governing materials that may be determined as obscene should contain the guidelines established by the Supreme Court. These policies should also take into consideration other federal, state and local laws which have been tested in courts of law.
- It may be desirable that public policies containing enforcement procedures should included provision for (a) preliminary notice of the intent to prosecute, (b) commencement of prosecution by service of written complaint after a judicial determination that the suspected materials are obscene.
- It may be desirable that public policy containing sanctions be "graded", for example, that cease and desist order precede more severe penalties.
- If zoning enforcement is used in public policy (that is, adult book stores may exist in only certain zoning districts), that consideration be given to the neighborhood impact. Placing such outlets in certain zones may impact low-income residential areas.
- The NMCC opposes legislation which would include public schools and public libraries. These organizations have within their own structure policies and guidelines concerning pornographic material. These institutions also are sometimes targeted for censoring activities which go beyond the confines of public policy curtailing the distribution of pornographic material.
- The NMCC will take an active involvement in the public debate about pornography and will encourage that debate from all perspectives. The NMCC will affirm, where appropriate, that the restriction of production and distribution of pornographic material is constitutionally appropriate. It will also affirm where appropriate that civil liberties and rights must be protected.
