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NOTES
1. It is conceivable that an "adult" theater can -- if it really insists -- prevent the exposure
of its obscene wares to juveniles. An "adult" bookstore, dealing in obscene books, magazines,
and pictures, cannot realistically make this claim. The Hill-Link Minority Report of the Com-
mission on Obscenity and Pornography emphasizes evidence (the Abelson National Survey of
Youth and Adults) that, although most pornography may be bought by elders, "the heavy
users and most highly exposed people to pornography are adolescent females (among women)
and adolescent and young adult males (among men)." The Report of the Commission on
Obscenity and Pornography401 ( 1970). The legitimate interest in preventing exposure of
juveniles to obscene materials cannot be fully served by simply barring juveniles from the im-
mediate physical premises of "adult" book stores, when there is a flourishing "outside
business" in these materials.
2. The Report of the Commission on Obscenity and Pornography390-412 ( 1970). For a
discussion of earlier studies indicating "a division of thought [among behavioral scientists] on
the correlation between obscenity and socially deleterious behavior", Memoirs v.
Massachusetts, supra, 383 U.S., at 451, 86 S.Ct., at 993, and references to expert opinions that
obscene material may induce crime and antisocial conduct, see id., at 451-453, 86 S.Ct., at
993-995 ( Clark, J., dissenting). As Mr. Justice Clark emphasized: "While erotic stimulation
caused by pornography may be legally insignificant in itself, there are medical experts who
believe that such stimulation frequently manifests itself in criminal sexual behavior or other
antisocial conduct. For example, Dr. George W. Henry of Cornell University has expressed the
opinion that obscenity, with its exaggerated and morbid emphasis on sex, particularly ab-
normal and perverted practices, and its unrealistic presentation of sexual behavior and at-
titudes, may induce antisocial conduct by the average person. A number of sociologists think
that this material may have adverse effects upon individual mental health, with potentially
disruptive consequences for the community.

* * * * *

"Congress and the legislatures of every State have enacted measures to restrict the distribu-
tion of erotic and pornographic material, justify these controls by reference to evidence that
antisocial behavior may result in part from reading obscenity." Id., at 452-453, 86 S.Ct., at
994-995 (footnotes omitted).

3. See also Berns, Pornography vs. Democracy: The Case for Censorship, in 22 The Public
Interest 3 ( Winter 1971); van den Haag, in Censorship: For & Against 156-157 ( H. Hart ed.
1971).
4. "It has been well observed that such [lewd and obscene] utterances are no essential part
of any exposition of ideas, and are of such slight social value as a step to truth that any benefit
that may be derived from them is clearly outweighed by the social interest in order and morali-
ty." Roth v. United States, 354 U.S. 476, 485, 77 S.Ct. 1304, 1309, 1 L.Ed.2d 1498 ( 1957),
quoting Chaplinsky v. New Hampshire, 315 U.S. 568, 572, 62 S.Ct. 766, 769, 86 L.Ed. 1031
( 1942) (emphasis added in Roth).
5. The protection afforded by Stanley v. Georgia, 394 U.S. 557, 89 S.Ct. 1243, 22 L.Ed.2d
542 ( 1969), is restricted to a place, the home. In contrast, the constitutionally protected privacy
of family, marriage, motherhood, procreation, and child rearing is not just concerned with a
particular place, but with a protected intimate relationship. Such protected privacy extends to
the doctor's office, the hospital, the hotel room, or as otherwise required to safeguard the right
to intimacy involved. . . . Obviously, there is no necessary or legitimate expectation of privacy
which would extend to marital intercourse on a street corner or a theater stage.
6. Cf. J. Mill, On Liberty 13 ( 1955 ed.).

-382-

Questia, a part of Gale, Cengage Learning. www.questia.com

Publication Information: Book Title: Pornography and Censorship. Contributors: David Copp - editor, Susan Wendell - editor. Publisher: Prometheus Books. Place of Publication: Buffalo, NY. Publication Year: 1983. Page Number: 382.
    
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