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DOCKET NO. 92-7089
Uon. Jam" F. Meaun, USDJ
without. jury
Cri minal No. 91·00074 (JFM)
On Remand From the United States Suprrme
Court : An Appeal From. Judgment orthc
United States Di5lrict Court for the Middle
Dist rict of Pennsylvania
On the Brief:
R'IMald D. Ray, Esq.
David S. Eggert, Esq.
Randal M. Shaheen, Esq.
Ronald D. Ray
Counn llon.t Law
1012 South Fourth St.
Louisville, KY 40203
(502) .5&4-8300
Arnold & Porter
1200 New Hampshi re Ave., NW
Was hington, DC 20036
(202) 872-6700
Attorneys for Amicus
Inst itute for Media Eduution

TABLE OF AUTHORITIES ................. .... _ ... ....................................•..•. i
I. INTRODUCTION ................................................. ................................. 1
E"l"'r1 Testimony. Sa &- f1"f1lld and
Oakes v_ Massachusetts ...................... . ............. .
Why Amicus Enu:red the Knox Case .......................... ................ .
__________........ 4
D. MEA,"iING OF THE STA TUTE .........................................•.................. 5
is KoyTo SllIMe... _______ .. _________________.. ..
Cltild Pomograpby VidtcUpe is SeIf·D=rihed
ll< [n(ended To Excite l.usttiIl Desin::s... .. . ........................................... 7
Sexualization ot hu.nirnate Objects .......................... . ........................... 9
Teddy.&ars and H'odn ,l!5: Cltildren__ _ ................................... 9
Schoolgirl Unifo""" Erocitized and Schoolgirl Panties Sold. .......... ....... __........ : .. _ .. __. __ 10
All Children as EroOc Fodder fur Child POn>Oi""phy... . ...................................... .. I!
With N"", OlIiW Imprinlin, TC<:Moiogy
UNCONSTlTUTIONALL Y OVERBROAD ................. _ ...•...... _ ..•..... 13
A. Harm to the Children Bti ng Di5played ...........•....•.................... _ .... t'(
P>n:nw Beuayal is Allusc: .. _____ ______________ ... __.......... __ _ ................................ \4
Testimony of. Lone Child Pomctnphy V..:tim_ ................................ IS
otf-Camera Sexual Allusc: ............................. _-" ............. .. 15
Otr-Camc-ra Emotional Ab<u<: ................... _____ __ .. . .......•. IS Phy.icaI Ab<u<: ...•...........•..••..•........•.•..•.•........•..•..•... I S
. ..... ____________ .... IS
""NO! F...:dom of Speech. b.It F.."".,;IQm 10 .. _ _ ___ _______ l.'I
10 Slav .. aDd Concentration C.tmp . ... 15
Children COnltmp( ___ ..... ..... ... .. _ _ -" __________________ IS
To>ric FalIOIII: Child Usc of Drup,
Enuy lmo Prostitution. Poverty ....•....... ............ _ ... _ .. 16
B. Effect!! of Child Pornogr2pby on Tbose Who Vit w It .............. _ .... 16
Pornography ... a Moo:l·Alu:ring Drug __. ___ ____....... ............... _____________ 16
Podoplilles Vicleotape America', Chil<1r<n for Masnubation and Sale ........... 17
John Rabun: Otfen<Ir:rs COmmQnIy 1'osse<IO .. Posuognphy .... _ .................... 17
Po<nopaphy.Arouscd. Pe&:>phil .. WOtIld Be Child Abusors. ......................... _ 18
0.-. Li.nno::a Smith: Helped Crcau:!he Child Pomognpby
Market aad. Sauallust For Childrl:n .. ............................. ___ il
R=arch Findings on Child Imagery in Pt"l'1u!I" PartIoOl!H, Hustkrffo}. .... 19
Children Posed To Mimic Animals "In HC3!" (Estru!) (fit) ............ 19
Cmadian Sup",,,,,, COWl UnanimollSly Bans I'<>mograpby in IW2 ....... 20
FinaJiy1..ooks to Bm CIIUd PomoJraPhy Pos:scssiOll... ...... . ....... .. _ :ro

C. lnterpretin& the Sialute So As NOI To Require
Nudity Will Not Render It Unconstilutionally Overbroad ................. 21
.• o"-'{
•. ...••.... 11
The , ................ 12
u·Specch"(fo) ......... 13
Child Pornography Images ... Th. Fim Amemlimcnl.. .................................. l4
IV. CONCLUSlON ............................................................................ 25
Nudi1)' is No! N=sa:y For Child To Be: Abused ........................................................ 2'
All Children Are Harmed by Child Pornography.. ''' .................................... 25
All Children Are Put Al R;sk by R;sk by All Pornography... .......... ..................... ,-.25
Childnn Cannol Give to ThrirOwn Abuse orOimlnutioQ .......... 25
V. REPORT OF UNNEA W. SMITH, M.D ............................................ 26
RI. KnOll: by Fntkrlck L. Co ..... n. Ph.D.
(pichlns 0/ sn-aliltd childrtn from pnsenlofiOlf. awnlable liP"" nqrast from
(. Slillhtly nYU.d and sinew zubm/sslOtJ to tM ct)1Uf OS
an Qid to nad." IfOl familiar ... /II! lit. cau.)

Amicus, The Institute tor Media Education
("IME"), is a not-for-profit corporation. Its character
is to study nsex science" and the mass media and to
disseminate relevant data and provide education to the
public in this area. The Institute was established and
is headed by Dr. Judith A. Reisman. Dr. Reisman is a
widely published and recognized expert in the study ot
the effects ot images and ·sex science
on individuals
and sociGty. In particular, she has utilized her
background and experience in the field of com=unications
to study extensively the behavioral effects of erotical
pornoqraphy. In the early years of her career, Amicus
was a creative, performance artist tor network and
educational television, including more than a decade ot
work tor CBS TV's award winning children's program,
·Captain Kangaroo.
Amicus' concern for children caused
her to abandon her successful television career tor
academe, seeking answers to the problam of increasing
child abuse.
Her subsequent investigation ot Dr. Alfred Kinsey
and his team at Indiana university brought her into
prominence with her book, Kinsey. $ex and Fraud (1990)1
The British medical journal Tbe vancet, in reviewing the
1 JUdith Reisman and EdWard Eichel, KinseY. Sex and
Fragd. (1990).

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book, wrote, "Dr. Judith A. Reisman and her
demolished the foundation ot the [two Kinsey] Reports .•
Specifically, the book found Or. Kinsey's work involved
crimes a9alnst children for the purpose ot gathering
for the team's child sexuality data base in
order to encourage societal acceptance of adult/child
Dr. Reisman baa provided expert testimony on
matters involving the effect of pornography In a variety
of forums, and her work has been cited in written and
oral arguments on child pornography before the United
States Supreme Court in Oakes v. Massachusetts, 491
U.S. 576 (1989). and again in a brief concerning child
pornography in Osborne v. 2hi2. 495 U.S. 103 (1990), .a
well as in other proceedings. Reisman a150
data on the a/effects ot pornography in
connection with the 1992 unanimous decision ot the
Supreme Court ot Canada in v. Butler which banned
harmtUl pornography in that country.
S.C.R. 452.
(1992) 1
Reisman has expert t.stimony in
courts and civic hearings both nationally and
internatIonally, includIng:
the State at Georgia senate
The Lancet, Vol. 337, p. 547 (March 2, 1991).
A copy ot Reisman's resume is attached.

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Education Subcommittee, Hamilton County, Ohio,
Prosecutor's Ottice; Hichigan state senate Juvenile
Justice Advisory commission to Corrections; Newport
News, Virginia, City counsel; u.s. Attorney General's
commission on Pornography; and the u.s. Attorney
General, Task Force on Domestie Violence.
In addition, Dr. Reisman has provided eXpert
testimony to the Presidential Commission on the
Assignment of Women in the Armed Forces and data to the
Armed Services committees and members of the Joint
Chiefs of Staff concerning the military's policy toward
Moreover, Dr. Reisman has been a consultant and
researcher tor the u.s. of Health and Human
Services, the U.S. Department of Education, the u.S.
ot Justice, Juvenile Justice « Oelinquency
Prevention and has conducted intensive in service
training tor various law entorcement aqencies includinq
the FBI Academy, the center tor Missinq and Exploited
Children, the Missinq Children-Serial Murder Task Force,
and various police associations.
Dr. Reisman has also provided testimony to
numeroue qovernments concerninq the a/effects of
pornography. including Canada; the Ontario Human Rights
Commission; the Australian Senate Select Committee on

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community Standards; the New Zealand Indecency Tribunal
and the New Zealand Pornography Commission.
Amicus is this brief to the court
because she believes that the issue presented by this
case is critically important to the satety and well-
being ot our children. Appellant and the solicitor
General are seeking to read the prohibitions in the
Child Protection Act in a narrow and cribbed manner
whiCh plainly distorts the clear meaning and intent ot
the statute and leaves children at risk trom the very
behavior that the statute waS intended to prevent. As
discussed below, total nudity is not a prerequisite to
bringing about the "lascivious
response and the harm
that the statute is intended to prevent.
The statute at issue in this case is 18 U.S.C.
S 2256 {2) eE). It criminalize6 the -lascivious
exhibition ot the genitals or pubic area." In their
briet, appellants make much ot the detinition ot
"exhibition,· pulling the term completely out at its
context within the statute to support their position.
will readily concsde to appellant's contention
that "exhibition" means to put something up to be seen.
However, appellants' proposed detinition goes much
turther, 6uppoping that a ·pubic area" cannot be

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-exhibited," unless actual flesh is visible. Nowhere
does the statute require, nor does common sense suggest ,
that in order tor the pubic are. to be exhibited, it
must be unclothed. Indeed, ware the "director" of one
ot these films to ask a cameraman to locus 1n on tbe
pubic area of a child the cameraman surely would not
have turned to the director in puzzlRment merely because
the child was Wearing panties. In tact, it is difficult
to know how else the instruction might be given.
The key to proper interpretation of the statute
lies not in the meaning of -exhibition" but rather 1n
the meaning ot "lascivious,· (a definition conspicuously
omitted from appellant'. bri.f). According to Webster,
"lascivious" means "characterized by or expressing lust
or lewdness,· or Wtending to excite lusttul desires.·
The plain meaning et the statute the
oxhibition or the pubic area -- whether clad
or not -- that is done in such a way so as to tend to
excite lusttul desires. Interpreting the statute in sny
other way completely undermines and subverts its
purpose, putting children at added riSk.
AS we discuss below, children are displayed in
the ril .. in a lascivious Such completely
unnatural displays ot children Whether clothed or
• Webster's New
Qniyersal Qnabridged pictignary,
p. 1023

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not -- leads to significant harm to the child exhibited
as well a. to the children victimized by tho.e lustinq
after nude children in pornoqraphy. To limit the
reach only to nude depictions or children
leaves unregulated the largest segment of child
Before discussing current scientific learning and
research which fully supports the proposition that the
films possessed by appellant arouse "lustful desires,M
it seems appropriate to first briefly the
films at the heart of this controversy.
The videotape.' selt-description is itself
an enchanting scane showing a dark-
haired beauty of 11 lettinq us have a
long, slow look up har dr ••• to view
her snow-white panties. • . • SCeneS of
a thirteen year old in a leotard skin
bikini with a magnificent ass that she
puts on display for you as she walkS
back and forth slowly and
teasingly. • • • Just look at what we
have in this incredible tape [called
Sassy Sylphs]: about fourteen girls
between the ages of 11 and 17 showing
so much panty and ass you'll get dizzy.
There are panties showing under shorts
and under dresses and skirts; there are
boobs galore and T-back (thong) bathing
suits on girls as young •• IS that are
so revealing it's almost like ••• ing
th.m naked (lome say eyen better.)
KnQx v. United States, Bri.f of United
States in Opposition to Petition for a
Writ of Certiorari at p.3 (March 1993).
(emphasis added)

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Th. images in the films included
focusing on the pubic area, an off -camera voice saying
Nye love it," another child directed to pull a strap
down over her shoulder as the camera focuses on her
exposed nipple. Kn2X v. United States, Brief of Amicus
CUriae National Law Center tor Children and Families
Al., Appendix A (1993).5 AS this Court itself concluded
in its earlier Kll2K decision, the videotapes "contained
vignettes of teenage and preteen temales, the
ages of ten and seventeen, striking provocative poses
tor the camera.
The photographer would tOOm in on
the children'S pubic and genital are. and display II.
close-up view tor an extended period of time. The (11.5
themselves • • • clearly were designed to pander to
pedophiles." v. KD2X. 979 F.2d 815, 817 (3d cir.
1992). Moreover, it i. diffiCUlt to imagine for what
othar purpose appallant would have purchasad the tape ••
Thus, Amicus believes it shOUld be beyond question that
the films' focus on the exhibited children'. pubic area
served a "lascivious- purpose.
That these films should have a lascivious ettect,
even absent nudity is not surprising. Those who purvey
There can be no .erious que.tion that the relevant
standard is whether the exhibition is intended to be
·lascivious· as to one predisposed to a sexual desire
for children. Were a reasonable man standard used no
exhibition of children might be found '

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pornography have round numerous creative ways to
sexualize that fall short of total nudity.6
Women and children drinking and eatinq are common
pornography sex cues. Pornographers have reddened,
lips to mimic oral sodomy, often pressing one finger
seductively onto the lips or licking a dash of foamy,
white cra.m ott a finger.
Photographs Cocus on 010 •• -
ups of white teeth sugge.tively biting into hot doqs,
bananas, strawberries and apples, a visual equivalent of
the double entendre. sippinq from a straw or eating ice
cream con •• and lollipops are standard pornQ9raphy fare
in which the perf orDers' eyes lust tor copulation. One
Hustler cover displays a young girl'. race, ber
pursed lips hesitantly touching a clear glass tilled
with a sli9htly (oamy, yellow liquid, an allusion to
"golden showers," a "sexual" aetivity whieh involves the
ingestion o( urine.
• As ••• d, supra, the
depietions a. "al.ost like ••• 1ng
even better).·
deseribe the
them nak.d (.ome say
·Playboy" has also used a vi.ual montage
Playmate o( the Month and then pictures her
child to •• t.age. o( children .
its nude
a. a
• D. Morri., "anwatehing; A field Guide to Human
Behayior at 241 (1980) (di.cussing the u •• ·phallie-
shaped objects approaChing the open mouth, or by the use
gently parted lips, aoistened and reddened, in erotic
or sexually teasing photographs.")

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otten us. inanimate objects to
elicit a sexual response . Teddy bears, hair bow.,
lipstick, •• , br •• , bobby socks, cace and
pencils have all been eroticized.
Handcut' s, whiCh
were once associated only with crime and police, have
through their u sa 1n pornoqraphy, become symbolic for
sexual excitement and sadistic aex. The •• ma i. true
tor long, silken ribbons , ropes , chains, string_
and leather ropes.
Especially disturbing i. the u.. by pornographer.
ot schoolgirl unitorms a •• sexual stimuli,
child abuse in young consu=ers and borderline and active
pedophiles. II In Japan, vhare achoolqirla vearing navy
blue sailor- style unitorm. and white panti •• ara •• ajor
feature ot pornography, Reuters recently reporte4 that
"Tokyo police found 1200 piece. of schoolqirl.'
J. Reisman, Soft Porn Plays HArdball , at
pp. 1'2-1'4 (1991) .
-Pl ayboy" Septeaber 1975 - woman handCUffed for
torture; July 198) - gartered, hanging handCUffed woman
in a phone booth; January 1978 - imaqes of handcuffed
tortured women and a male ridinq atop a smilinq blonde,
saddled woman being whipped with a riding crop.
X and R Rated
Senate select Subcommittee
0" Stan4arda Relevant the Supply ot
pp. 11-1) (March
Technoloqie., •

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underwear and un i t orms in the apartment at a man
arrested tor breaking i nto s chool locker r ooms .
He became aware at the value o! used schoolqirl panti es
tor sale. Schoolgirls can sell their panties tor
around $9 a pair. Pornography vending machines retail
them for several times that much. ,,12
The problem ot sexualiting and abusing children
will only escalate as technology becomes more versatile.
Modern personal computers can now be equipped with
graphics Which pictures at chi ldren to be
captured via a pedophile's toom lens and then entered
into the computer. The children can then be digitally
undressed, genitalia enlarged and colored in a nonhuman
way and then used in sex and violence scenes.
pedophile can insert himself and/or his friends into the
child abuse scenes. As breaks into
the home market and portable systems, a growing number
Reuters, January 5, 1994. Young male underwear is
also advertised tor eale in gay magazines such as "Tbe
April 9, 1991
("Hot. Sweaty! Jocks, brief •• boxers, worn to
qym •••• ")
The Washington post recently reported on the use of
digital imaging and some at the concerns it raises.
"Digital- Imaging Fict ion Leaves No 'Footprints.'" lhI
Washjngton POft , Section A, p. 3 21, 1994) •
. -,

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of pedophiles will have instantaneous access to their
In sum, pornography has long given up any sole
reliance on nUdity, and We stand on the threshold ot an
explosion in the proliteration ot pornographic
It nudity becomes the legal standard, the
growing pedophi le population
will be tree to acee •• e
vast body ot lawful, sexually arousing child
pornography. As we discuss in the next section this
will serve to put children increasingly at risk for harm
and sexual exploitation.
As this Court has alre.dy recognized, Congress'
purpose in passing the statute was to guard against
legitimate threat. to the phy.ical and psychological
This future is not so far away. In 1992 Penthouse
began to offer ·virtual reality· materials tor sale to
it. readers. On February 25, 1994 ·Oprah" discuss.d and
described a ·virtual reality· Penthouse pet.
Pornography is already a flourishing industry.
According to the Attorney Gene ral'. commission on
Pornography, it inclUdes more than 450 ditterent
magazines, 20,000 adult book stor •• and two million
videocassettes and is the third most profitable business
segment - - after narcotics and gambling -- for organized
.au. Bennett, W., The Index of Leading CUltural
Indicators, 1 at p. 11 (March 1993) •

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well-being ot' minors. ~ , supra, 977 F.2d at 821.
There are two aspects to this harm. First, there is a
signit'icant body ot' evidence that the children directed
to appear in sexual scenes are injured as a result of
the experience. Second, the available evidence also
supports the conclusion that at least some segment of
those who view child pornography for sexual arousal are
likely to respond with acts of sexual violence toward
children. As ~ i c u s demonstrates below, the nature and
extent of this harm is substantial, and there is no
credible evidence to suggest that the resulting harm is
any ditterent whether the children are displayed nude or
partially Clothed.
A. Harm to the Cbildren Being Displayed
As this Court has written previously, children
are incapable of consenting to the diminishment of their
dignity that performing in pornography forces upon them.
Kn2X, supra, 977 F.2d at 821-22. There are numerous
ways in which children who are exhibited in pornography
are harmed. First, the children have either been
torcibly separated trom their parents or they are
See Ala2, Webster, W., Pedophilia, "FBI LaW
Entorcement Bulletin," January 1984 ("Public concern
over this perverted sssault on children was directly
expressed in 1918 when congress passed the Protection ot
Children Against Sexual Exploitation Act. • • • The
dangers ot sexual exploitation and pornography to its
victims are only too evident -- physical and emotional
suttering- and -.ruined lives.·)

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participating with their parents' or guardian's consent,
and usually their or brokering and threats
and abuse. Th_ tormer is obviously debilitating to the
child as is the lattar, involving coaplata parental
betrayal and abdication ot their traditional role as
protector ot the child. FUrther, children who are east
in pornography have otten been incestuously abused
betore and atter the tilming.
trauaatized and abandoned youngsters are at greater risk
tram AIDS, other sexually transmitted diseases, drug
use, prostitution, suicides and heterosexual and
homosexual homicide.
The impact on children east in sex ti1ms was
chillingly recounted in the testimony at a woman who was
torced to appear as a child in such tilms. Although the
quoted excerpt is lengthy, amicus believes it is worth
quoting in tull.
During the making ot the pornography, I
was photographed nude and in costumes,
raped by men and a variety ot objects,
and subjected to sadism and physical
Senate Hearing 98-1267 Betore the SubcOmmittee gn
Juvenile Justice at the COmmittee on the Judiciary
"Ettect ot Pornography on Women and Children," (1984)
at p. 169. ("I was not allowed to do "certain things"
while tha pictur.s were beinq taken. I could, and in
tact had to, do those same certain things when pictures
ware not being taken.")
AttornlilY General' II
Report (July l P86); Senate

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abuse. The torture vas even
vorse tor me. Watched constantly, I
vas denied contact vith other "models"
and spoken Qbout in the third person
like an inanimate object. My thoughts,
feelings and objections vere totally
irrelevant. In addition, my tather had
threatened physical violence and my
life if I told about the pornography
and I believed him. This living hell
shamed and humiliated me beyond
description. Many women and children
have experienced worse. To me
pornography is not freedom of speech,
but freedom to abuse. YoU see, it's
not just a simple matter of a picture
taken. A real person is being
physically and psychologically
battered, degraded and beaten down.
Similar to the experience of black
slaves and concentration camp
prisoners, the pornography -model"
becomes a non-human, stripped of any
and all rights. The utter
shown children and vomen forced into
pornography is by them,
We learn to loathe ourselves, to
believe we really are leftover trash
until self-worth and dignity sre
gone. . •• I deeply resent the stigma
and contempt we "models" face from a
society that permits pornography to
llourish • • • • I am one of the lucky
ones -- I survived. Many us us died in
the making of pornography and
afterwards from drugs, alcohol,
prostitution, poverty and self-hate.
Anonymous, Karch 5, 1985 Testimony Before the
Nebraska Judiciary Co-=ittee Rearing on LB 668 "The
Child Pornography Prevention Act,-

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B. Effects of Child on Those Who
view It
The effects of child on those who use
it are nearly as chllllnq.21 Research suggests that
is a mood-altering drug that leads to
addiction among adults and We
discussed above the use of schoolgirl uniforms in child
pornography. In Australia, schoolgirl uniforms
commonly appear in pornography, "copycat" sexual
have The law enforcement supervising
the search for one such child was quoted in the press as
You've got any amount of males that'll
.it outside schools and follow kids.
Some men even set up videos in their
cars or vans and record young
waiting for buses. They'll video them
as they cross their legs and then
they'll take the video home for their
own sexual gratification .••• We're
staggered by the amount of porn in the
• and the commission of

sexual crimes • • • • A nUMber of experimental studies
of sex offenders, as well as laboratory studies of the
general population, have found correlations between the
USe of obscene material. and either the actual
commission of sex offenses or changes in attitude
indicating a greater likelihood of committing sex
crimes. • •• 53' of the child molester. surveyed
intentionally viewed sexually explicit material as part
of their deliberate preoffanse preparation.")
See O. Reed, "POrnography Addiction and CompUlsive
Sexual Behavior,· at pp. 249-267 in Kedia. and
the Family. ed, D. Zillman, J. Bryant, A Huston, (199'1.

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cOllUllunity -- the bestiality, the
.adomasochism, the children •••• 1'111
convinced ••. there'. a stro ... q link
between p orn and the amount ot sex
crimes WII qat.
John Rabun, then deputy director o ~ the National
Center tor Missing Childran, .tatlld betore a
congressional hearing on "The Ettllct ot Pornography on
Women and Children"
100 percent ot the arrested pedophiles,
child pornographers , pimps, what have
you, allot these in IIttect child
molesters had in their possession at
the time ot arrest, adult pornography
ranging trom what is in the literature
typically ret erred to as sott
pornography, such as Playboy, or up to
harder, auch as Hustler, end et
cetera • • • ."
Senate Hearing 98- 1267, supra, at pp. 133-134.
Criminologist Tim Tate has written that U.S.
Postal Service statistics show:
that at lea.t 80 percent ot tho.e it
identities as purchasers ot child
pornography are active abuserll • .
It a man buys child pornography he does
so tor one reason and one reason alone,
accordinq to Ray wyre, who runs
Britain's only tul1-time clinic
treatinq pedophiles. 'The reason is
The Sunday TasminiaD, February 28, 1993 at p. 19.
The impact ot pornography can also be .een in the ca.e
ot Oakes v. Massachusetts, 491 U.S. 576 (1989). The
Commonwllalth alleqed that the detendant took photos ot
his stepdauqhter "in increasinqly revealing .tate. ot
undress including clothes trom Frederick'. ot Hollywood..
Ultimately, he took photographs ot the victim nude,
talling her that he wanted to "make her big tor
Playboy." Briet ot the Commonwealth ot MaSsachusetts at

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that he wants to have sex with
children.' The t act that he may not
have done so is more likely to a
question ot or the tear ot
getting caught.
Moreover, sex of fender treatment literature regularly
discusses that tho.e who to child imaqe s are
commonly inVOlved in child abuse.
Dr. Linnea Smith, a
psychiatrist specializing in medi a research, has written
that "Playboy'S persistent and long-running use of
i=age5 of children has not just ted the demand f or
seX\lal access to children but has "help[ed] to create
Tate, T.
(1992) •
25 Reed, supra, at 263; v. Cline, "Pornography
Effects! Empirical and Clinical Evidence," in MediA.
Children and the Family, ed. Zillman, Bryant and Huston
(1994) (finding that those who masturbate to child
i mages are highly likely to sexually assault chi ldren. ) .
rn sharp contrast to this evidence stands the
psychological report of Appellant by Dr. Frederick Covan
that Appellant does not pose a threat to the community.
As the attached statement of Dr. Linnea Smith discusses,
there are substantial weaknesses in Dr. Cavan's report.
Dr. Linnea Smith, "It's Not Child's Play," 1994. A
1989 study of pictoriAl representations in "Playboy"
trom 1954-1964 found, among other things, that
o 1,675 child image. were associated with nudity
o 1,225 child imag8s were associated with
genital activity
o 989 child images were associated with Adults
o 792 adults were portrayed as pseudo-children
o 592 child imaqes were associated with torce
o 267 child images were associated with .ex with
. .., [ Footnote continued on next page )

- 18 -
One particularly et!ective way in which child
pornosraphy leads to sexual abuse lies in the
dehumanizing view and treatment of the chi ldren
exhibited. By placing the children in unnaturally
seductive poses, the children are directed to mimic
in heat or estrus.
Dehumanizing children in
this way makes it easier for the pedophile to justify
sexual abuse.
As the evidence begins to mount that pornography
is than just a pleasant diVersion, steps have begUn
to be taken to mitigate its harmfUl impact. In February
1992 the Canadian Supreme court. efter reviewing the
extensive research in this area, unanimously outlawed
pornography. 28 The Justices concluded that any
[Tootnote continued from previous page]
or objects
o 51' of the child cartoons and 46' of tha child
photographs showed children age 3-11.
Almost all depictions of child •• xual abuse
portrayed the child as unharmed or benefited by the
activity. J. Reis_n. Executiye Summary, supra, at 10.
s..JiI •• Australian Senator MarIana Goldsmith,
"Pornography and SexUal Violence,- Quadrant, p. 29
(November 1993) (-even many apparently nonviolent images
a! naked women show them presenting as i! in oestrus --
as if already aroused and frequently in poses
reminiscent of animal seXUality."); Morris, supra, at
p. 239 ancient rump-display or the sexually active
famale is rarely used in the human .pecies. Exceptions
are !ou.nd in . certain (po:rnoo;rraphic)
B.... v. Butler,
[1992] 1 S.C.R. 452.

- 19 -
wo=en" and which "could cause har." should be banned.
In 1992 the parlia=ent restricted X-rated
cable TV and is now looking into restrictions on R-rated
materials. Recently Reuters reported that Sweden, which
has become a "hub tor international trade • • • in child
pornography" is considering banning it. possession.
Deputy Justice Hinister Reidunn Lauren was described as
having been "deeply shocked by the graphic scenes.
C. Interpretinq the Statute so As Not to Requfre
Nudity Will Not Render It unconstitutionally
Appellant has suggested that interpreting the
statute so as not to require nudity renders it overly
broad in that it will no longer be directed to the "hard
core o! child pornography." Appellant's Brie! at 34.
Reute rs wire story, January 18, 1994.
30 In making his overbreadth argument, appellant
asserts that it the statute is not read to apply only to
nudity, a parade ot horribles viII occur and parents
will quake with tear lest innocent pictures taken o!
their children in ballet class or at the beach will be
branded criminal. These tears are completely untounded.
Further, it is not the parents ot ballet students who
are raising these sensationalized tears or seeking to
overturn the result in this case. Rather, it is, among
others, "Playboy" which has written extensively about
this case and amicus Aperture Foundation, Inc. which
publishes "Aperture" magazine a publisher ot child
pornography "art." Even appellant's counsel, Lawrence
A. Stanley i. listed as a editor tor
"Paidika: The Journal ot Paedophilia" and has been
reported by the Columbia Journalism Review as the
publisher ot the magazine "Uncommon Desires," which
[Footnote continued on next page]

- lO -
as tne court hal and al t hil
because of the government's I trcnq interest in tha
phYlical and =antal ot ohildren.
hav .. draady d-... on"t.rat.d abov., wh. th.r that
tully unclothed. Fo:r reason, al one, appellant's Appoollent's would nsrrpy t he statute
luch an extent thet it be larqely ineffective in
carryinq out itl intend-ed, and
con.UtuUcnally andor"ed, pJ.rpos •.
S.uoond, beeau,. .. tha statut. un" illa9"" and not
vorda, any a"alysia ot- its ocnstitutlonality ... ust tAke
into account tn. gr.-t.r ot On tn. brain
and the r.sultlnq QT •• ter i ntluenc. on b&havior. Ther.
can be little douot that i __ gel are .ore powerfUl
cOlllDllnicaton than worob.
AI wal statad to United Stats" Supr ••• court
1n a 1989 amicus brief:
It •• If iU
H!!, lark v.
Fubpr, 458 U.S. 747, 756 (1982).

- 21 -
900d or bAd, true
or tal.e, is processed as
forcefully and
pernsn.nce, while c02potlnq pr i nt!
is ta.bly, o r i n 502.
c a seS not .t .11 . .• Th.r. i o: •
body o f acia ntitlc
r ••• arch wh ich Shovs t h a t
picture" are proc •••• d .nd r e tained by
the i n a differe nt than
t he written word.
thill vi .. w.
Taxen tno Mation " l
·powsrs of i o n ,- II nev exhibit
ot War I I post.r art, qrapples
provocativ"ly .. ith. • the
manipulative IaVic in villual
symbol.. • HOW do iaaqss evo);;e
emotion. • glr.cting the Office o f
Infor.atlon. • was the
colol:>rated poet-, Archibald
"'sOLaioh _ Ttl. aan under"tood
l ... .. q. "nd iaaq .... " C.v bureaucr .. t s
hav .. s i nce . They depict
.,uscul .. r -.n <U>d- deteraine<l WOIIlan,
forthright citizens and imperilod
childron, roaring blast furn .. =aa .nd
t..mlnq ••• ..ely lIn.. iIOnd .. n anqry
Statu. or Liboorty lind Uncle 5&11.
Brier of
Concarned WODen of Aaerica.
.. U.S. 1. 0 l (1990).
sectio n
",;.bl ngtgo ppst.

- 22 -
In the u.e Of p ictures children, rather
than the wri tten of sex yith children, is
likely to b4ve a ear Eore pOYerrul and digturbini
It is no accidlnt that pedophiLes
rlverl picture than the Yord.
The plcturl. ot Golesration
thn on a deeper and IItronqor 10"8l, be
it neurochemic.I or p.ychological. Tn •
• of • child in a
phot oQroph, lo"il or VidlO 11,
de""'"tatin'l, al'lCl it retains ita
.Ipra"ed pot.ncy tor thoa. that possess
Ind vie .... i t . . •. tt 15 til:e to stell
the tid. of this t erribl e bolocau.t
which ol.lma thoul.nds innoc.nt
ohildren .e ltl victiAS. p OI •••• ion ot
pictori.l child pornography c.nnot b.
th. SAme First
prot.ct ion as written depi ction.
I ntuition tollow. the old sdaQe that "a
picture I, worth a thou.and worde,·
Unfortunately, • sin91. photoqraph ot a
lole,ted child .polk. vOlual' .bout the
tragady that ha. bet.11ln that child.
There can be nothing constitutionally ln rOlding
ItltUtl 10 al to prot,ct the of
rv. C9!fCLJlSJo.
th.t thil Court
rejeet .ny notion that the Child Act
was intended to cover only the use ot nude children in
child pcrno9rlphy. AS di scuslad lbo"e, nudity 11 not
necessary, and ill most otten not to leru!lly
J. 8rle: Of Concerned WODen of Al:lerica, :lII$l3I,
at pp. n - H.

- 2l -
addition, the that ehild pornography pregent$, both
to the eomproAlsed by their par.nts a nd
displayed in th. and to those vho v ould u ••
child "perrormer" bel"", "xhlblt.d is being p ....... itted to panties or not.
Reap"ctfully auloaittac:l,
D .. Ray,
D .. Ray cDuns"IIDrs at LBv
1012 South Pourtil St.
40l 0J
(502 f 584-1300
C.vid S. Eqq.rt, Esq.
M. Shaheen, Esq.
Arnold' p"rt.r
1200 New Hampshire Ave., NW
Vasllillqton, J;)C 20036
·:lC2) S72- HOC
Co"n ... l to .... ieu .. curiae
Instit"t. tor M.die Edue _tlon

RIDDtt Df Llnnoa W. SDitb . M.D
The rollowing cO£Centa are In response to a
by AKICUS, for Madi a Educati on, tor an
of t ha raport on Xnox
sublllittltd by Pl'ed.aricl< L. cavan, Ph.D., and d ... ted
I am • psychiatrist speCializing In issues of
pediatric tral1mi'l and .... ,Ua .. nt. II copy ot IlY
is attached.
'l'!Ia raport as ""itun aoemed li.mite<l. In .tope
wlUl a lla joci t y ot tluo history and evaluation based. on
tha surt ... ce level content ot Mr.
lo1Iich wall accepted uncritically. Sex offenders in
general and padophilaE in particular ..... ctrongly
d@t anded, t o a gr .. extent tne det*MS.
_chanilDlS ot danial, rationalization, and . ini.iz"tion.
It Is essential intarview techniques include
conrrontatlon and the Challenqinq or
inccniruoua .t.t • .ent.. Thla vaa not " .. dily apparent
rro," reading the .ua.ary ot Mr. KnO%'. evaluat ion. The
.bQut intimat e • • ••• wuel
hiBtOry- but the i nti .. te were not evidence In
the "ontent et the eva.luator's repert. Very Httl.
detBll 1s r elated about Kr. KnOK'. early childhood other

- , -
in the Knox but it .as not eTid&nt thl' " ••
explored !'=ther.
Behavioral indicato"l commonly in •• x-
o r render population. whi ch wara in tne raport
Inolude, (ll poor relationlhip vlth hthlr,
isolat1<>n, P) In..-curlly, (4) lcndin_n, (5) lev
•• It-lst_lI, 'I ) no 010' ••• la trl_nela. &nd 111 rIp_tId
r. jection by w" ..n.
ral.cionlhlps vith adul t voa.n va .. a
IclentJ.ticd. thh In ItMlt d ...... not elillinate the rh)f
of acting out the axta"-lvI, t •• of interactiona
with chl1dran. A t a lr ot child •• x oftandare
heva b.en Involv-o In adult ralationahip •.
n.. raport U.t.d thl ahn4ard plyoholO9'l .. &1
t •• t., with a inl .. 1 datail, of the .... ulta.
An independent IV_Illation or the teltin9 would
t. helpful. IUC, report..:!ly scor.a In thl ."perior
"&ng& of intRl 119."'" and. with 101. r..,.,nt and
conaiderabl .. i ...... h_nt In t.n. _ ntal hoult.b. '),'10'" i,
in a better po.ition to .. nipulat. t.n. r ,.ult.
to pr ..... nt a t.vorabl. i •• ,_ i. to hi. parc.iy.d
adVilntag,". It " oul<! alao boo to wlWS.
te'tin, t o ,.x-otr.nd • ., .valuation suoh ••
t.n. penila plytbyaaqraph t or
det.or:aination or • d.vhnt .r ...... ll Il.iararchy.

- , -
It would be pertinent to have mora
about the 90a1a and f ocus of Xr. praviou.
tna ot tnarapiata in tha
specialty •• o f •• x-offanea .. tr_c .. nc , Kr.
coll;oli""ca ..- i tl> tr.a>:DBnt. and. it hi. t r •• t ... nt "'UO"
00\100 "rda .. a d.
experience of • •• t url>llti ng to Playboy- 11k. ".gul" ..
while tant •• lz1nq to same-a,. f ... l" pcu-a. I n the
urly 11170' . th .. tre<fUIOIICY Of ClI!ld i ... , .. in P l ayboy '
the .'.,ad .... i_g •• and h1 .. fant •• y cont"nt ccll.ld
include childr .n •• v l abla •• xual ter g"t • .
At on .. point, be "' •• or1&o4 fant •• ie. ot 13 end
14 year-old 9 1rla 1n which n .. " ould "make-out- but
-1I.&k1nc; - ouc- .. an and in itad!, In ... lIWll !antud •• 11
h19h1y unuSUAl and .oca cOEDOnly •• rvel a. .. precursor
to additional s.xu .. l behavior •.
At another poine In tn" .. aport, th .. • ••• xu.l'
•• ph ... l a-.l. Ttli. 11 unuAl1lIl alI4 .or .. di rUcult t o
.ccept in light of hi . hi.tory of ri.k-
I:.kin<] 1:0 Child IJexuoi .... t .. rt.l , (tluore h roo
of th .. content of the .. .. rJ.l i n que.l:l en
in Mr. fl r.t conviction of receipt e nd po . .... i on

- . -
child pornography). The r ole of pornography in
fantasy production 05 as a crutch doss
not support c l a i m of fantasies.
Hi& f anta.iGs of and
cooplsto adoration by littl_ g irl& i • • comnon component
ot t ho fa nta.i @s of p@dophiles and doesn't tha
likelihood of tant • • t... R •••• rcn has shown
that deviant fant •• i.. l .a. to deviant cot i nq out and
h;onda- on sexual off .. ns.... The vast lOa:!or ity of
porno9Tophy consumers molost children .
Knax'. firet oar •• r choice involved t • •
at •• og@ laval of h is •• object inter •• t ,
hi gh- risk situati on. His history i ncluded the
conviction for r ece ipt sn4 pee •••• i on of child
pornography on two •• ion.. Hi. first conviction
resulted in d isruption ot his lit e, loss ot career,
placement on prObation, in
Pl'l'chotnerapy, y.t h. t<><>l< _.ur.o. to obtain
porn"9T8phl' on 8notn.u- occ8"ion d.t.u-.inecl by ti>. 1.9a1
"yate.. Thi" is evidence ot the severely
co.pul_lv. asp."t ot hi. behavior. Th. majorit y of ••
otfender_ sre obs •• aivaly wi t h pornoqraphy. It
i. diffiCUlt to understand the basis of Dr. Coven's
"o",ton; in predictlnq tha.t Stephan futu .. e
bahavior will not preaflnt a .. 1&k to chl1drfln or tne

- , -
• .•. ' If •• an buys h.
dolt •• 0 ona ..... .an .nd ..... r_.en
. lona,' accordinq t o •• who run.
o',IV tu.ll - tl •• ellnie
treating padopI!11... 'D ....... on t.
t hat ha .. anta to 1I.v. ... v ith
ch ild ... n. r.=t that n. aay not
h.". <I""" .., i • .ora ILkaly t o t.. '"
qua.clon ot availabill ty or th. rIO ... ot
gattinq cauqht than ... vul.! .. n at t he
... ry concept .'·
"Ita ( the U.S. Po.tal 'arvl .. . )
_clIti at! .. ," "nOV t/lac '" l ••• t 10 par
cant of those it 14.h01tl ••••
pun=hil&ara at child p<>J'l\O'JI"aphy ar.
actl"a abu...... ' The ... at .1thoor
h ••• n' t had the opportunity to .bu •• or
80r. probably bav.n' t rat ,'
e'" poet_l aervice ,peelal a.ant
".rnMl." (It :l1n . p . l Oll.
• • ... Chl ld pornographT Can .. be '"
... r.ty-valva both becau •• th. chl 1dr-n
111 it lOra beln; u.uaad. and Mcau •• the
pedopnl1 •• v •• it to ",Illdat.
r •• 11ng&, to .aka thea r •• l tilay Ira
I n that way it h.w .... their
inhibi tion. about going out .nd abuaing
childran rathar than pr ••• nting t ham
fro.. dOin'i ao.
(It,iII, p. 211)
· ·Tia Tat_, Child Pcrnography Indue try-, ttzin,
Cetherin., Pomogrephy; Bltn. yiolln;_ and Civil
LIRt;ti.e. Ozford PT, •• , 1"1.