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U.S. lawmaker targets those who distribute material deemed 'harmful to minors'
Opponents of House bill that would allow parents or guardians to sue contend that legislation is too vague, far-reaching
July 1, 2004
WASHINGTON, D.C. — The U.S. House of
Representatives may consider a bill allowing parents to sue anyone involved in
the distribution of pornographic material that is obscene or otherwise
“harmful to minors” to which those younger than 18 could be
exposed.
On April 28, Rep. Duncan Hunter, R-Calif., introduced the
“Parents’ Empowerment Act of 2004” which uses “community
standards” to determine what is patently offensive, appeals to prurient
interest or lacks social values for minors. The bill mandates that a successful
lawsuit would result in a $10,000 minimum award.
Members of the Comic
Book Legal Defense Fund are opposing the bill because they say its wording is
too vague and would threaten the rights of stores that sell pornographic material
which is legal for adults but also sell products aimed at children.
“It is something we find philosophically repugnant,” said
Charles Brownstein, the legal defense fund director. “It would allow the
minor or guardian to sue anybody in the distribution food
chain.”
Hunter said the bill would give parents the tools to
protect their children by punishing those responsible for exposing them to
pornographic and indecent material.
“I firmly believe that those
responsible for the current threat of obscene material and its ill-effects
should be punished for distributing such material to our children,” he
said.
The bill, H.R. 4239, was referred to the House Subcommittee on
Courts, the Internet, and Intellectual Property on May 20.
© 2004 Student Press Law Center
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