By Miriam Meek
As the first “porn czar” in Utah — and in the nation — was crowned last week, some local attorneys are saying the position is useless at best and an infringement on rights at worst.
Utah Attorney General Mark Shurtleff appointed West Valley City Prosecutor Paula Houston on Jan. 26 to help communities “restrict, suppress or eliminate obscenity and pornography.” This involves prosecuting violators when necessary and advising local governments about obscenity laws, while helping them draft ordinances.
In carrying out these actions, however, the state will be creating freedom of expression and privacy issues for itself, said Andrew McCullough, a First-Amendment attorney based in Orem.
“This is none of the government”s business because it is dealing with the pure freedom of expression. They can”t tell residents that if it doesn”t meet our local standards that you can”t buy it, own it or watch it,” said McCullough, who is on the board of directors for the Utah chapter of the American Civil Liberties Union.
The porn czar will also be facing a tough legal fight with prosecutions because a clear standard of what constitutes pornography is nonexistent, said Randy Spencer, an attorney from who handled the highly publicized Movie Buffs case in 1999.
The jury was not able to convict his client, a video store manager, for offering cable-edited versions of X-rated films at his store. Although the manager was acquitted, he was divorced and bankrupt after spending three years in court.
The money allocated to the position is a waste of taxpayer dollars and could have been better spent on education, Spencer said. The legislature set aside $75,000 for 2001 after the bill that created the porn czar position passed in last year”s legislative session. The attorney general”s office plans to ask the legislature for an additional $75,000 this year.
Former Rep. Evan Olsen, R-Logan, who sponsored the bill, calls the arguments of those who oppose the position “baloney.”
“I”ve been in the legislature for 22 years and this is the most important thing that I”ve done to help families in our own state,” Olsen said. “You can”t just say it”s unenforceable and the position is only symbolic when every major religion in this country has condemned pornography as a destroyer of families.”
And in Houston”s 16 years investigating and prosecuting obscenity and pornography crimes, she says that has seen that devastation unleashed on families and communities first-hand. In addition to managing the legal arena, she will be responsible for educating residents about the dangers of pornography.
“I am not trying to take people”s rights away or the books out of their homes. I just want to educate communities on what pornography is and then help them form and enforce their standards better,” said Houston, A Brigham Young University graduate.
She will also be redefining the state”s obscenity law and drafting a moral nuisance law to discourage obscenity and pornography. Houston plans to start her new job as the officially dubbed pornography and complaints ombudsman in mid-February.
