Perversion for profit: Citizens for decent literature and the arousal of an antiporn public in the 1960s

Journal of the History of Sexuality

Volumn 15, Issue 2, 2006, Pages 258-291

  Strub, Whitney ^a  

^a UNIVERSITY OF CALIFORNIA   (United States)

Author keywords

[No Author keywords available]

Indexed keywords

AUDIOVISUAL EQUIPMENT; ECONOMICS; EDUCATION; ETHNOLOGY; GOVERNMENT REGULATION; HISTORY; JURISPRUDENCE; LEGAL ASPECT; PHYSIOLOGY; POLICY; POLITICS; PSYCHOLOGICAL ASPECT; PUBLIC HEALTH; PUBLIC OPINION; PUBLICATION; RELIGION; REVIEW; SEXUAL BEHAVIOR; SEXUALITY; SOCIOECONOMICS; UNITED STATES; WOMEN'S HEALTH; WOMEN'S RIGHTS;

EROTICA; GOVERNMENT REGULATION; HISTORY, 20TH CENTURY; JUDICIAL ROLE; MOTION PICTURES AS TOPIC; POLITICS; PUBLIC HEALTH; PUBLIC OPINION; PUBLIC POLICY; RELIGION AND SEX; SEXUAL BEHAVIOR; SEXUALITY; SOCIOECONOMIC FACTORS; UNITED STATES; WOMEN'S HEALTH; WOMEN'S RIGHTS;

EID: 34248569898     PISSN: 10434070     EISSN: None     Source Type: Journal    
DOI: None     Document Type: Review

References (189)

1. Perversion for Profit (Citizens for Decent Literature, 1963). This film has fallen into the public domain and can be viewed at http://www.archive.org.
2. In a rare unguarded moment in 1966 CDL founder Charles Keating admitted the origin of the money value placed on the porn industry: "It came out of my head." Edwin Roberts, Jr., The Smut Rakers: A Report in Depth on Obscenity and the Censors (Silver Spring, Md.: National Observer, 1966), 116.
3. Michael Einstein and Charles Bowden, Trust Me: Charles Keating and the Missing Millions (New York: Random House, 1993), 61.
4. Thomas Byrne Edsall with Mary Edsall, Chain Reaction: The Impact of Race, Rights, and Taxes in American Politics (New York: W. W. Norton, 1991);
5. Ronald Formisano, Boston against Busing: Race, Class, and Ethnicity in the 1960s and 1970s (Chapel Hill: University of North Carolina Press, 1991).
6. Michael Flamm, Law and Order: Street Crime, Civil Unrest, and the Crisis of Liberalism in the 1960s (New York: Columbia University Press, 2005); Matthew Dallek, The Right Moment: Ronald Reagan's First Victory and the Decisive Turning Point in American Politics (New York: Oxford University Press, 2000). On the rise of the New Right see also John Andrew III, The Other Side of the Sixties: Young Americans for Freedom and the Rise of Conservative Politics (New Brunswick, N.J.: Rutgers University Press, 1997); Mary Brennan, Turning Right in the Sixties: The Conservative Capture of the GOP (Chapel Hill: University of North Carolina Press, 1995); Dan T. Carter, The Politics of Rage: George Wallace, the Origins of the New Conservatism, and the Transformation of American Politics (New York: Simon and Schuster, 1995); Jerome Himmelstein, To the Right: The Transformation of American Conservatism (Berkeley: University of California Press, 1990); Lisa McGirr, Suburban Warriors: The Origins of the New American Right (Princeton, N.J.: Princeton University Press, 2001); Jonathon Schoenwald, A Time for Choosing: The Rise of Modern American Conservatism (New York: Oxford University Press, 2001).
7. Janice M. Irvine, Talk about Sex: The Battles over Sex Education in the United States (Berkeley: University of California Press, 2002).
8. For a further elaboration of this argument see Whitney Strub, "Ambivalent Liberals," chap. 2 of "Perversion for Profit: The Politics of Obscenity and Pornography in the Postwar United States," Ph.D. diss, UCLA, 2006.
9. Himmelstein, To the Right, 85.
10. CDL, Fight Newsstand Filth, pamphlet, 1960, box 546, folder Newsletters, Stanley Fleishman Papers, University of California, Los Angeles.
11. "Decent Literature Dons National Cloak," Cincinnati Enquirer (hereafter CE), 28 February 1960.
12. CDL mailing, March 1962, box 788, folder 19, American Civil Liberties Union Papers, Princeton University, Princeton, N.J. (hereafter ACLU Papers).
13. Don Cortum to Los Angeles City Council, 28 April 1960, Los Angeles City Council File 95330, Los Angeles City Archives; Southern California CDL, "Statement of Policies," n.d., L.A. City Council File 93734, Los Angeles City Archives.
14. CDL, "Urgent Memorandum," n.d. (1960), box 7, folder CDL, Freedom of Information Center, University of Missouri, Columbia, Mo. (hereafter FOIC).
15. Michel Foucault, The History of Sexuality, vol. 1: An Introduction, trans. Robert Hurley (New York: Random House, 1978), 45; Foucault in Colin Gordon, ed., Power/Knowledge: Selected Interviews and Other Writings, 1972-1977 by Michel Foucault (New York: Pantheon, 1980), 186, quoted by Irvine, Talk about Sex, 152; Peter Wagner, "The Veil of Science and Morality: Some Pornographic Aspects of the Onania," British Journal for Eighteenth-Century Studies 4 (1983): 179-84; Christopher Looby, "'The Roots of the Orchis, the luli of Chesnuts': The Odor of Male Solitude," in Solitary Pleasures: The Historical, Literary, and Artistic Discourses of Autoeroticism, ed. Paula Bennett and Vernon Rosario II (New York: Routledge, 1995), 163-88; Carole Vance, "Negotiating Sex and Gender in the Attorney General's Commission on Pornography," in Sex Exposed: Sexuality and the Pornography Debate, ed. Lynne Segal and Mary McIntosh (New Brunswick, N.J.: Rutgers University Press, 1993), 29-49; Maria St. John, "How to Do Things with the Starr Report: Pornography, Performance, and the President's Penis," in Porn Studies, ed. Linda Williams (Durham, N.C.: Duke University Press, 2004), 27-49.
16. The one exception to this is Joseph Kobylka, The Politics of Obscenity: Group Litigation in a Time of Legal Change (Westport, Conn.: Greenwood, 1991), which discusses CDL at some length but from a procedural framework regarding litigation rather than from an historical perspective. Michael Binstein and Charles Bowden discuss Keating's biography in Trust Me, but their account focuses on his financial improprieties and provides relatively sparse information on CDL.
17. Gaines Foster, Moral Reconstruction: Christian Lobbyists and the Federal Legislation of Morality, 1865-1920 (Chapel Hill: University of North Carolina Press, 2002). See also Paul Boyer, Purity in Print: Book Censorship in America (New York: Scribner's, 1968); Alison Parker, Purifying A merica: Women, Cultural Reform, and Pro-Censorship Activism, 1873-1933 (Urbana: University of Illinois Press, 1997); Andrea Friedman, Prurient Interests: Gender, Democracy, and Obscenity in New York City, 1909-1945 (New York: Columbia University Press, 2000); Leigh Ann Wheeler, Against Obscenity: Reform and the Politics of Womanhood in America, 1873-1935 (Baltimore, Md.: Johns Hopkins University Press, 2004).
18. The Legion of Decency and film censorship have received more scholarly attention than the NODL. A basic bibliography includes Gregory Black, The Catholic Crusade against the Movies, 1940-1975 (Cambridge: Cambridge University Press, 1997); Paul Facey, The Legion of Decency: A Sociological Analysis of the Emergence and Development of a Social Pressure Group (New York: Arno, 1974); Thomas O'Connor, "The National Organization for Decent Literature: A Phase in American Catholic Censorship," Library Quarterly 65 (1995): 386-414; James Skinner, The Cross and the Cinema: The Legion of Decency and the National Catholic Office for Motion Pictures, 1933-1970 (Westport, Conn.: Praeger, 1993); Frank Walsh, Sin and Censorship: The Catholic Church and the Motion Picture Industry (New Haven, Conn.: Yale University Press, 1996). On Catholic influence on the formation of the Production Code see Stephen Vaughn, "Morality and Entertainment: The Origins of the Motion Picture Production Code," Journal of American History 77 (1990): 39-65. On the code itself see Leonard Leff and Jerold Simmons, The Dame in the Kimono: Hollywood, Censorship, and the Production Code from the 1920s to the 1960s (New York: Grove Weidenfeld, 1990).
19. Walsh, Sin and Censorship, 262-81;
20. Black, Catholic Crusade, 143-75.
21. The Texts of Elsenhower Speeches at Dartmouth and Oyster Bay," New York Times, 15 June 1953.
22. Una Cadegan, "Guardians of Democracy or Cultural Storm Troopers? American Catholics and the Control of Popular Media, 1934-1966," Catholic Historical Review 87 (2001): 252-82.
23. On the remarkably unchanged nature of American anti-Catholicism between the 1830s and the 1950s see Barbara Welter, "From Maria Monk to Paul Blanshard: A Century of Protestant Anti-Catholicism," in Uncivil Religion: Interreligious Hostility in America, ed. Robert Bellah and Frederick Greenspan (New York: Crossroad, 1987), 43-71.
24. John Fischer, "The Harm Good People Do," Harper's, October 1956, 14; ACLU, "Statement on Censorship by Private Organizations and the National Organization for Decent Literature," reprinted in Harold Gardiner, Catholic Viewpoint on Censorship, rev. ed. (Garden City, N.Y.: Image, 1961), 180-86.
25. Keating testimony, Mailing of Obscene Matter, Hearings before Subcommittee No. 1, Committee on the Judiciary, U.S. House of Representatives, 85th Cong., 1st sess. (Washington, D.C.: Government Printing Office, 1958), 72.
26. "The War against Smut," Catholic Digest, January 1963, 14-22.
27. CDL, Printed Poison pamphlet, 1960, box 60, folder CDL, Underground, Alternative and Extremist Literature Collection, University of California, Los Angeles (hereafter UAE Collection).
28. Kay Sullivan, "Cincinnati vs. Pornography," Catholic Digest, June 1959, 12-19. For a verbatim repeat of Sullivan's description of Keating see Clarence Hall, "Poison in Print - And How to Get Rid of It," Reader's Digest, May 1964, 94-98.
29. Raymond Gauer, "A Typical CDL Talk," 14 September 1962, box 2, folder Miscellaneous, Youth Protection Committee Records, Utah Historical Society, Salt Lake City.
30. "Pornography's Poison," Advocate (California CDL magazine), October 1963, 1, box 60, folder CDL, UAE Collection.
31. Allan Berube, Coming out under Fire: The History of Gay Men and Women in World War II (New York: Free Press, 1990), 128-74;
32. Beth Bailey, From Front Porch to Back Seat: Courtship in Twentieth-Century America (Baltimore, Md.: Johns Hopkins University Press, 1988), 119-40;
33. Rickie Solinger, Wake up Little Susie: Single Pregnancy and Race before "Roe v. Wade"(New York: Routledge, 1992), 86-102.
34. Pitrim Sorokin, The American Sex Revolution (Boston: Porter Sargent, 1956), 78. For the other experts see Fredric Wertham, Seduction of the Innocent (New York: Rinehart, 1954); Benjamin Karpman, testimony, Juvenile Delinquency (Obscene and Pornographic Magazines), Hearings before the Subcommittee to Investigate Juvenile Delinquency, Committee on the Judiciary, U.S. Senate, 84th Cong., 1st sess. (Washington, D.C.: GPO, 1955), 82; Herbert Case, quoted in Jack Harrison Pollack, "Newsstand Filth: A National Disgrace," Better Homes and Gardens, September 1957, 10; J. Edgar Hoover, untitled statement, FBI Law Enforcement Bulletin, January 1960, 94-96.
35. Benjamin Schwartz to Charles Rearing, 11 March 1960, box 7, folder CDL, FOIC; William Collins, "Can Smut Be Blamed for Sex Crime Rate?" CE, 3 November 1958.
36. Roth v. U.S., 354 U.S. 476 (1957).
37. Alfred Roller, "Pornography Breeds Sadistic Crimes," Cincinnati Post and Times-Star (hereafter CPTS), 18 June 1959.
38. CDL, Printed Poison pamphlet, UAE Collection.
39. Keating testimony, Control of Obscene Material, Hearings before the Subcommittee on Constitutional Amendments and Subcommittee to Investigate Juvenile Delinquency, U.S. Senate, 86th Cong., 1st and 2nd sess. (Washington, D.C.: GPO, 1960), 47.
40. William Collins, "The Pure and the Prurient," CE, 2 November 1958.
41. Collins, "Can Smut Be Blamed for Sex Crime Rate?" CE, 3 November 1958;
42. Alfred Roller, "Cincinnatian Sparked Crusade against Filth," CPTS, 16 June 1959.
43. Kay Sullivan, "Cincinnati vs. Pornography," 17-18.
44. CDL mailing, 8 September 1962, box 2, folder CDL, ACLU of Cincinnati Papers, University of Cincinnati.
45. Keating to William Lockhart, 17 September 1969, box 25, folder Lockhart, Presidential Commission on Obscenity and Pornography Records, Lyndon B. Johnson Library, Austin, Texas (hereafter PCOP Records).
46. On middle-class insecurities see Elaine Tyler May, Homeward Bound: American Families in the Cold War Era (New York: Basic, 1988); Kenneth Jackson, Crabgrass Frontier: The Suburbanization of the United States (New York: Oxford University Press, 1985), 231-82; Thomas J. Sugrue, The Origins of the Urban Crisis: Race and Inequality in Postwar Detroit (Princeton, N.J.: Princeton University Press, 1996), 209-29; James Gilbert, A Cycle of Outrage: America's Response to the Juvenile Delinquent in the 1950s (New York: Oxford University Press, 1986).
47. Eugene Freeman, "Obscenity: A Community Menace!" n.d. (1960), box 4, folder Board of Review, Raymond Tucker Papers, Washington University, St. Louis, Mo.
48. "Public Rallies to Fight Pornography," Burbank Herald Tribune and Valley Advertiser, 2 September 1962.
49. "Partial Attendance Records" scrapbook, box 1, CDL/National Better Magazine Council Records, Historical Society of Western Pennsylvania, Pittsburgh.
50. Kay Sullivan, "Cincinnati vs. Pornography," 19.
51. CDL mailing, n.d. (ca. 1962), box 7, folder CDL, FOIC.
52. CDL, "Procedures for Establishing a Citizens for Decent Literature Group in Your Town," n.d. (ca. 1964-67), Vertical Files, Kinsey Institute for Research in Sex, Gender and Reproduction, Bloomington, Ind.
53. Gilbert Sands, "Council Group Approves New Anti-Smut Ordinance," CE, 24 October 1961.
54. James J. Clancy, "A Guest Editorial," National Decency Reporter (hereafter NDR), 15 September 1963, 2.
55. Photo with caption, NDR, March-April 1968, 15.
56. On Taft see James Patterson, Mr. Republican: A Biography of Robert A. Taft (Boston: Houghton Mifflin, 1972); on antiobscenity efforts see "City Pledges Attack on Obscene Matter," CE, 23 January 1941; "Obscene Literature Sales Probe Asked by Everett," Cincinnati Post (hereafter CP), 11 October 1949; "Obscene Material Ordinance Change Asked by Manager," Cincinnati Times-Star, 8 November 1949; "Kellogg Plans Group to Help Curb Obscenity," CP, 25 November 1949.
57. On early local CDL efforts see "Groups Join to Battle Obscenity," CP, 3 January 1957; "Dealer Found Guilty in Obscene Book Case," CP, 26 June 1957; "They Fight for Decent Literature," CP, 5 March 1958; Al Schottelkotte, "A Brave Man," CE, 9 July 1958; "Mothers' March on Obscenity Set for October 19," CPTS, 16 August 1958; "Mothers' March Date Changed," CPTS, 18 August 1958; "Mothers to Branch Out," CE, 17 January 1959; "Psychologists Give Testimony at Marshall Obscenity Trial," CE, 2 December 1958; William Collins, "It's Obscene, Jury Rules," CE, 4 December 1958; "War on Smut," CE, 30 October 1959. For national recognition of CDL see "Public Opinion against Smut," America, 5 April 1958, 2; Obscene Matter Sent through the Mail, Subcommittee on Postal Operations, U.S. House of Representatives, 86th Cong., 1st sess. (Washington, D.C.: GPO, 1959), 33; Thomas Morgan, "When Is a Book Obscene?" Cosmopolitan, August 1959, 58.
58. Terry Isaacs, "Politics, Religion and the Blue Book: The John Birch Society in Eastern New Mexico and West Texas, 1960-1965," New Mexico Historical Review 71 (1996): 51-73;
59. Douglas Mackintosh et al., "Sex Education in New Orleans: The Birchers Win a Victory," New South, Summer 1970, 46-56.
60. For the perspective of contemporary academics see Daniel Bell, ed., The Radical Right (Garden City, N.Y.: Anchor/Doubleday, 1963).
61. Keating Testimony, Control of Obscene Matter (Washington, D.C.: GPO, 1960), 54.
62. "Keating Outlines Obscenity War," Texas Catholic, 15 April 1961.
63. Jack Mabley, "Is Flood of Pornographic Material a Communist Plot?" in "Report No. 3," n.d. (1960), box 7, folder CDL, FOIC.
64. Keating testimony, Protecting Postal Patrons from Obscene and Obnoxious Mail and Communist Propaganda, Hearings before the Committee on Post Office and Civil Service, U.S. House of Representatives, 88th Cong., 1st sess. (Washington, D.C.: GPO, 1963), 18-19.
65. William Riley testimony, Obscene Matter Sent through the Mail, Hearings before the Subcommittee on Postal Operations, U.S. House of Representatives, 87th Cong., 1st sess. (Washington, D.C.: GPO, 1962), 178-79.
66. "Statement of Dr. Donald Cortum," n.d. (1961), City Council File 93734, Los Angeles City Archives.
67. "Enemies of Freedom," Hollywood Citizen-News, 11 November 1961;
68. on Southern California extremism see Lisa McGirr, Suburban Warriors.
69. W. Cleon Skousen, The Naked Communist, 9th ed. (Salt Lake City: Ensign, 1961), 261;
70. Skousen, "Obscene Literature - What Can the Police Do about It?" Law & Order, August 1961, unpaginated clipping, box 62, folder 23, Stanley Fleishman Collection about Obscenity - and Its Legal Aspects, UCLA.
71. "Head of Anti-Smut Group Castigates 'Leftist' Foes," New York Times, 16 March 1964.
72. "Morris Lipton, "CDL National Convention, St. Louis, March 14 & 15, 1969," box 135A, folder Meetings, PCOP Records.
73. "Nixon Appointment Helps Birchers," Group Research Report, 4 September 1969, 61.
74. Keating testimony, Protecting Postal Patrons from Obscene and Obnoxious Mail and Communist Propaganda, 13;
75. Hugh McDiarmid, "Big Throng Hears Smut Purge Plea," Dayton Journal Herald, 21 November 1963.
76. Frank Riley, "A Ballot Test for the Cleans and the Dirties," Los Angeles Times, August 1966, unpaginated clipping in John Weaver Collection of Ephemera and Research Material on L.A., box 64, folder Morals and Mores, UCLA.
77. W. Cody Wilson, "Memorandum for the Record, CDL National Convention," n.d., box 42B, folder Citizen Action Groups, PCOP Records.
78. "Playboy Ban in San Mateo," San Francisco Chronicle, 6 November 1959.
79. "The Problem of Published Smut," San Francisco Chronicle, 30 November 1959.
80. "Sheriff's 'Smut' Raid Draws Protests," Indianapolis Times, 18 June 1959.
81. "Council Agrees Smut 'Terrible' but No Solution," Winona Daily News, 2 February 1960.
82. Maricopa County Citizens for Decent Literature, "List of Objectionable Magazines," January 1961, unprocessed CDL folder, Jean Provence Papers, Arizona Historical Society, Tempe.
83. Louis O'Connell to Richard Kinsella, 5 August 1960, box 1, folder Augusta, Georgia State Literature Commission Records, Georgia State Archives, Atlanta.
84. "Becker Hopes to Standardize HNS Fight against Pornography," Trenton Monitor, 21 April 1961.
85. "2 Groups Battle for Clean Literature," Dayton Journal Herald, undated clipping, box 282, folder CDL, Fleishman Collection of Material.
86. Roland Burke to Sidney Kramer, 16 June 1960, box 342, folder 2, ACLU Papers.
87. "Views on Book Arrest Differ," New Orleans Times-Picayune, 18 July 1963.
88. Southern California CDL information sheet, n.d., City Council File 93734, Los Angeles City Archives.
89. "Novel Banned," Providence Journal, 11 December 1964.
90. CDL mailing, n.d. (1963), box 2, folder CDL, ACLU of Cincinnati Papers.
91. "Self-Appointed Vigilantes," Milwaukee Journal, 4 February 1965.
92. Susan Filson, "Montgomery Group Begins Its War on Smut," Washington Post, 14 February 1966;
93. "Order Urged in Battle on Pornography," Washington Post, 26 February 1960.
94. Roberts, The Smut Rakers, 102, 103.
95. The films included the aforementioned Pages of Death (1962), about a boy driven to rape and murder by reading dirty magazines;
96. the aforementioned Perversion for Profit (1963);
97. and Printed Poison (1965), which showed the importance of legal prosecutions of obscenity.
98. ACLU, By the People: Annual Report (New York, 1960), 13;
99. Censorship Bulletin, June 1960.
100. "Censorship Spreads across U.S. from Florida to California," Californian, July 1961, 7-12;
101. Hugh Hefner, "The Playboy Philosophy," Playboy, November 1963, 57-58.
102. CDL mailing, 8 September 1962, box 2, folder CDL, ACLU of Cincinnati Papers.
103. CDL flier, n.d., box 60, folder CDL, UAE Collection.
104. William Landau, "Perversion for Profit: A Discussion of the Movie Proposed for Purchase by the St. Louis Decent Literature Commission," 10 March 1964, box 792, folder 11, ACLU Papers; "City-County Discord in Obscenity Fight," St. Louis Post-Dispatch, 11 March 1964.
105. Joseph Badaracco, letter to editor, St. Louis Globe-Democrat, 19 November 1964.
106. "Lawyers Square off on Obscenity," St. Louis Review, 21 March 1969.
107. "Lawyers Debate Question of Obscenity," St. Louis Post-Dispatch, 15 March 1969; Jane Friedman, "Report on the National Convention of the Citizens for Decent Literature," 15 March 1969, box 131, folder Report, PCOP Records.
108. "Convention Huge Success," NDR, March-April 1969, 1.
109. Norman Mark, "Censorship: Fanatics and Fallacies," Nation, 5 July 1965, 5-7.
110. Roberts, Smut Rakers, 104.
111. Perversion for Profit brochure, n.d. (1963), Vertical Files, Kinsey Institute.
112. Eric Schaefer, "Bold! Daring! Shocking! True!" A History of Exploitation Films, 1919-1959 (Durham, N.C.: Duke University Press, 1999), 103-19.
113. Ibid., 133.
114. Charles Keating, "A Typical Talk," n.d. (1962), box 2, folder Published Material, Youth Protection Committee Papers, Utah Historical Society.
115. Gauer, "A Typical CDL Talk," box 2, folder Published Material, Youth Protection Committee Papers, Utah Historical Society.
116. Albin Krebs, "Anti-Smut League to Aid Prosecution," New York Herald-Tribune, 23 October 1965.
117. Flora Lewis, "Smut Opponents Use 'Raw' Stuff in Fight," Washington Post, 24 October 1965.
118. "Publication Room, Adults Only," Louisville Courier-Journal, 24 October 1965.
119. "Nudist Magazines and Paperback Books Adjudged Obscene," NDR, March 1966, 14.
120. John D'Emilio, Sexual Politics, Sexual Communities: The Making of a Homosexual Minority in the United States, 1940-1970 (Chicago: University of Chicago Press, 1983), 115.
121. Manual Enterprises v. Day, 370 U.S. 478 (1962);
122. CDL mailing, "Perversion for Profit," n.d. (1964), Vertical Files, Kinsey Institute. Though the Manual Enterprises case had resulted in multiple opinions, Keating flatly misrepresented it; there was in fact a very clear majority, as the case was decided 6-1, with two justices sitting out and only Tom Clark dissenting.
123. Sharon Brown, "Pornography Said Serious in Georgia," Savannah News, 13 October 1965.
124. Charles Keating, "A Typical Talk," Youth Protection Committee Papers.
125. "Hon. E Richard Barnes' Address," NDR, February 1966, 13.
126. CDL mailing, 6 May 1972, box 60, folder CDL, UAE Collection.
127. CDL, "Procedures for Establishing a Citizens for Decent Literature Group in Your Town," Vertical Files, Kinsey Institute.
128. On the Court's obscenity cases in the 1960s see Richard Hixson, Pornography and the Justices: The Supreme Court and the Intractable Obscenity Problem (Carbondale: Southern Illinois University Press, 1996), 41-79. Important post-Roth cases include Smith v. California, 361 U.S. 43 (1961), requiring that dealers charged with obscenity have knowledge of the material; Manual Enterprises v. Day, 370 U.S. 478 (1962), giving homosexual publications the same rights as heterosexual ones; Jacobellis v. Ohio, 378 U.S. 184 (1964), making the "community standards" elaborated in Roth national rather than local; Memoirs v. Massachusetts, 383 U.S. 413 (1966), expanding Roth's province further; and Redrup v. New York, 386 U.S. 767 (1967), which initiated a string of over twenty per curiam reversals of obscenity convictions.
129. News Release, 28 June 1968, box 100-11A-2689, Strom Thurmond Papers, Clemson University, Clemson, S.C.
130. "One Minute Broadcast by Senator Strom Thurmond," 22 July 1968, box 100-11A-2782, Strom Thurmond Papers; Liberty Lobby, "Emergency Liberty Letter Number 21," 6 1968, box 2, folder Chronological File, 7/1-7/6, Special File Pertaining to Abe Fortas and Homer Thornberry, LBJ Library (hereafter Fortas File); telegram, Mike Manatos to LBJ, 29 June 1968, box 1, folder Chron. File, 6/13-6/25, Fortas File.
131. Nominations of Abe Fortas and Homer Thornberry, Hearings before the Committee on the Judiciary, U.S. Senate, 90th Cong., 2nd sess. (Washington, D.C.: GPO, 1968), 294, 303.
132. John Chadwick, "Stripper May Perform in Our Lofty Senate," Chicago's American, 25 July 1968.
133. "Fortas on Filth," Strom Thurmond Reports to the People, 5 August 1968.
134. William Buckley, "Obscenity Ruling Needs Explaining," Washington Evening-Star, 21 August 1968;
135. James J. Kilpatrick, "Suggestion: Let a Movie Decide Fortas' Fate," Washington Evening-Star, 13 August 1968.
136. I. A. Wozny to LBJ, 29 July 1968, box 6, folder AF-NF 8/1-8/7, Fortas File.
137. Louis McMahon to LBJ, 26 July 1968, Fortas File; Mr. and Mrs. Armand Albertoli to LBJ, 6 September 1968, box 6, folder AF-NF 8/8-8/31, Fortas File.
138. "Memorandum Re the Views of Justice Fortas on Obscenity," attached to memo, Larry Temple to Barefoot Sanders, 29 July 1968, box 2, folder CF 7/14-7/31, Fortas File; Mike Manatos to LBJ, 16 September 1968, box 2, folder CF 9/16-9/30, Fortas Pue.
139. John Massaro, "LBJ and the Fortas Nomination for Chief Justice," Political Science Quarterly 97 (1983): 603-21; Donald Tannenbaum, "Explaining Controversial Nominations: The Fortas Case Revisited," Presidential Studies Quarterly 17 (1987): 573-86; Artemus Ward, "An Extraconstitutional Arrangement: Lyndon Johnson and the Fall of the Warren Court," White House Studies 2 (2002): 171-85. Fortas biographers acknowledge CDL but treat its presence in the hearings as a deus ex machina. Bruce Allen Murphy covers the group's involvement best in Fortas: The Rise and Ruin of a Supreme Court Justice (New York: William Morrow, 1988), 441-62; see also Laura Kalman, Abe Fortas: A Biography (New Haven, Conn.: Yale University Press, 1990), 342-45.
140. "Fortas Confirmation Defeated," NDR, September-October 1968, 1-4.
141. "Nixon Names Keating for Fight on Smut," CE, 14 June 1969.
142. CDL to Jackson Betts, 25 September 1969, attached to W. Cody Wilson to Betts, 8 October 1969, box 37, folder 1, PCOP Records.
143. Otto Larsen to Keating, 15 October 1969, box 25, folder Lockhart, PCOP Records.
144. Commission Minutes, 29 October 1969, box 46, folder Full Commission Meeting, PCOP Records.
145. "White House Rejects Pornography Report Sight Unseen," St. Louis Globe-Democrat, 12 August 1970;
146. Jim Adams, "Nixon Ignored Advice Smut Panel Would Embarrass Him," St. Louis Globe-Democrat, 1 August 1970.
147. The Report of the Commission on Obscenity and Pornography (New York: Bantam, 1970), 53.
148. Ibid., 456, 581, 610, 595.
149. "Pornography," Nashville Banner, 17 August 1970.
150. Richard Nixon, "Commission on Obscenity and Pornography: Statement by the President on the Commission's Report. October 24, 1970," in Weekly Compilation of Presidential Documents, 2 November 1970, 1454.
151. Paris Adult Theatre I v. Slaton, 413 U.S. 49 (1973).
152. Charles Keating, "The Report That Shocked the Nation," Reader's Digest, January 1971, 37-41.
153. W. Cody Wilson, "Facts versus Fears: Why Should We Worry about Pornography?" Annals of the American Academy of Political and Social Science 397 (1971): 105-17.
154. "You Be the Judge," NDR, November-December 1969, 5.
155. "Agreement by and between Richard A. Viguerie Company, Inc. and Citizens for Decent Literature, Inc.," 22 February 1971 (Exhibit D in State of New York v. CDL), box 393, folder AFAA-CDL, Stanley Fleishman Papers; CDL mailing, 6 May 1972, box 60, folder CDL, UAE Collection.
156. CDL to Orval Faubus, 10 January 1972;
157. CDL to Faubus, 8 May 1972;
158. CDL to Faubus, 5 January 1973;
159. CDL to Faubus, 6 February 1973, box 39, folder 9, Orval Faubus Papers Addendum, University of Arkansas, Fayetteville.
160. Austin Griggs to Keating, n.d. (1972), box 13, folder CDL, ACLU of Cincinnati Papers.
161. CDL to Griggs, 8 May 1972, box 13, folder CDL, ACLU of Cincinnati Papers.
162. Charles McCabe, "A Dirty Business," San Francisco Chronicle, 20 March 1972.
163. CDL tax return Form 990, 3 May 1974, box 393, folder AFAA-CDL, Fleishman Papers.
164. CDL mailing, 6 May 1972, box 60, folder CDL, UAE Collection.
165. Richard Gordon, "Charles Keating," CP, 7 September 1974.
166. "Obscenity Foes Dealt Setback," Philadelphia Inquirer, 22 July 1973;
167. Stanley Penn, "Tables Turn on Antismut Group," Wall Street Journal, 21 January 1974;
168. Complaint, New York against CDL, n.d. (1973), box 393, file: AFAA-CDL, Fleishman Papers.
169. Ron Royhab, "Little of CDL's Funds Used in Anti-Pornography Fight," CP, 30 August 1974;
170. Royhab, "State Tells Anti-Smut Group to Cut Costs," Cleveland Press, 31 August 1974. Keating had taken the post at AFC in 1972.
171. Matthew Moen, The Transformation of the Christian Right (Tuscaloosa: University of Alabama Press, 1992), 27.
172. "CDL Makes Major Strides," NDR, November-December 1984, 1.
173. The rise and fall of Keating's financial empire is covered in Binstein and Bowden, Trust Me.
174. On CDL praise for RICO see "Obscenity Made Federal RICO," NDR, November-December 1984, 1.
175. Christian Berthelsen, "Keating Pleads Guilty to 4 Counts of Fraud," New York Times, 7 April 1999.
176. To chart some of the post-CDL name changes see Community Defense Counsel, Protecting Communities from Sexually Oriented Business (1996), preface to 2nd ed., available online at www.communitydefense.org/lawlibrary/legalmanual. html. The Alliance Defense Fund's agenda can be explored at www. alliancedefensefund.org.
177. The literature on abortion is voluminous, but important works that address it in the context of the New Right include Rosalind Pollack Petchesky, Abortion and Woman's Choice: The State, Sexuality, and Reproductive Freedom (Boston: Northeastern University Press, 1984);
178. Kristin Luker, Abortion and the Politics of Motherhood (Berkeley: University of California Press, 1984);
179. William Saletan, Bearing Right: How Conservatives Won the Abortion War (Berkeley: University of California Press, 2003).
180. Jane Mansbridge, Why We Lost the ERA (Chicago: University of Chicago Press, 1986);
181. Donald Mathews and Jane Sherron De Hart, Sex, Gender, and the Politics of ERA: A State and the Nation (New York: Oxford University Press, 1990);
182. Donald Critchlow, Phyllis Schlafly and Grassroots Conservatism: A Woman's Crusade (Princeton, N.J.: Princeton University Press, 2005).
183. Anita Bryant, The Anita Rryant Story: The Survival of Our Nation's Families and the Threat of Militant Homosexuality (Old Tappan, N.J.: Fleming H. Revell, 1977); on subsequent New Right homophobia see Chris Bull and John Gallagher, Perfect Enemies: The Battle between the Religious Right and the Gay Movement (New York: Crown, 1996); Stephanie L. Witt and Suzanne McCorkle, eds., Anti-Gay Rights: Assessing Voter Initiatives (Westport, Conn.: Praeger, 1997); Didi Herman, The Antigay Agenda: Orthodox Vision and the Christian Right (Chicago: University of Chicago Press, 1997).
184. Richard A. Viguerie, The New Right: We're Ready to Lead (Falls Church, Va.: Viguerie, 1980), 231;
185. William Martin, With God on Our Side: The Rise of the Religious Right in America (New York: Broadway, 1996), 201.
186. Richard Schmitt, "U.S. Plans to Escalate Porn Fight," Los Angeles Times, 14 February 2004.
187. Concerned Women for America, for instance, was "especially pleased" to see Taylor appointed; "CWA Calls DOJ's New Obscenity Prosecution Task Force a Warning Signal to Pornographers," 6 May 2004, www.earnedmedia.org/cwfa05061.htm.
188. Robert Scheer, "Of Saviors and Loans," Playboy, September 1990, 58;
189. Joe Morgenstern, "Profit without Honor," Playboy, April 1992, 68-70, 86, 151-56.