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Open letter to NY COngress Woman Sue Kelly



Congresswoman Sue Kelly,
You voted YES on Congressman Pence (R-IN) bill H.R. 3726 the so called "Children's Safety Act of 2005, H.R. H.R. 3132" SHAME ON YOU!
Claiming that it “strengthens the hand of law enforcement in investigating and bringing charges of obscenity,” Congressman Pence (R-IN) introduced new legislation Monday that would extend 2257 record keeping requirements to certain instances of mere nudity and to merely simulated sexual acts, and would also extend record keeping obligations to mere distributors of adult content, which would include retail stores that only sell DVDs or videos without touching the actual content. The law would criminalize mere “production” of obscenity, even if it is not involved in interstate commerce, enhance administrative subpoena powers to cover obscenity, and it would authorize civil and criminal asset forfeitures in obscenity cases and 2257 cases.

Pence added his Bill, H.R. 3726, to the Children's Safety Act of 2005, H.R. 3132, which was heard by the full committee on Capitol Hill and then passed to the House of Representatives, where it passed overwhealmingly by a vote of 371 to 52, with 10 members not voting.

As is common in bills that target adult pornography, child protection aspects of the Bill as justification for introducing the new legislation.

“We specifically, in my bill, close a loophole that exists in federal law today that allows pornographers who produce child pornography at home with digital cameras, Polaroid cameras, or video cameras, downloaded on their home computers, to actually escape prosecution,” Pence said through a statement on his website. “It’s time to protect the kids, it’s time to move the Child Safety Act, and it’s time to pass the Child Pornography Prevention Act as part of it tomorrow.”

First Amendment attorney Larry Walters says the new Bill is “tremendously disturbing,”.

Walters pointed out that the Bill would strike existing language in 2257 that exempts mere distributors of adult content, such as retail stores, from 2257 record-keeping obligations. Walters confirmed that the new legislation would certainly impact the mainstream Hollywood film industry by pulling simulated sex acts and mere nudity situations under 2257 requirements.

According to Walters, new forfeiture provisions proposed by the Bill could result in adult businesses having their assets seized by the government for a mere record-keeping violation.

Under the Bill, “the government can come in and forfeit the entire business” for a 2257 violation, Walters said. “The mere failure to keep the proper records justifies a criminal or civil forfeiture.”

He added that such a tool would be “a huge hammer to hold over the head of any potential defendant.”

Criminalizing mere “production” of obscenity, the Bill could result in federal obscenity charges for a husband and wife who film themselves having sex.

“This nonsense of criminalizing production of obscenity under federal law, in my opinion, is constitutionally problematic,” Walters said.

Congress is out of control, they’re expanding the scope of obscenity, and they need to be reined in by the courts.

Walters said that the Bill also gives the government greater subpoena powers in building obscenity cases against adult entertainment companies.

Now, those webmasters and content providers who thought they were operating within a safe harbor by focusing on merely nudity and not sexual acts may now find themselves squarely within the crosshairs of 2257.

“There are a host of potential constitutional problems with trying to apply record-keeping obligations to a class of protected speech that such obligations have never been applied to in the past,” Walters said. He added that the Bill, like 2257, would put the burden of proof on industry and not the government.

For the adult industry, the Pence Bill underscores the importance of the ongoing Supreme Court judicial nominations. In comments yesterday during his confirmation hearings, Bush nominee John Roberts clearly acknowledged that he did not see pornography as a class of speech that should enjoy the same First Amendment protections as, say, political or “core” speech categories. Should the Pence Bill pass and be challenged by the industry, it will likely end up in front of Roberts and the Supreme Court at some point in the future.

“This is the kind of thing that would likely go to the Supreme Court,” Walters said. He added that should Roberts be confirmed and O’Connor be replaced by another conservative, as expected, the adult industry would find itself in a much harder position in any future legal challenge.

In short it is a furthering of infringements on our Free Speech. I am writing to you to tell you how UN happy I am with you and your representation of your fellow New Yorkers. I will be voting against you this election and I will be writing to every single news outlet as well as telling everyone who will listen what a lack luster rep you are.

I will also be featuring you in the next issue of DickJohnson's FreeDumb! and be sure I will continue to fight tooth and nail to have you un seated next term.

You should be so ashamed of your self!
You are a prime example of what's wrong with Government today. I will also be hanging a sign out side of my home letting everyone who pass's by what I think of your poor leadership.
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