RECOMMENDATION 22

Part: 
Three
Chapter: 
2

State and Local prosecutors should use all available statutes to prosecute obscenity violations involving cable and satellite television.

State and local prosecutors should prosecute cable and satellite television programmers or operators under existing state statutes for exhibiting any program that is obscene under the Miller test. The Commonwealth's Attorney for the city of Virginia Beach, Virginia, monitored and videotaped fifty hours of programming on a local cable channel, shown in his jurisdiction. Thirteen and one half hours of the videotaped programming were submitted to a grand jury, which returned seven indictments against the cable operator for distributing obscene material. As a result of those indictments, the cable operator eliminated the channel in question from its program offerings.[252] (See, Department of Justice Recommendations and Recommendations for Law Enforcement Officers in this Chapter).

Notes

  1. National Decency Reporter. Vol. 22, No. 3, p. 1 (May-June 1985).