HomeMy WebLinkAboutItem #43 - First Reading OrdinanceJ-85-661
8/19/85
ORDINANCE; NO.
AN ORDINANCE, AMENDING; SECTION (a) (JE SECTION
10.5-20 OF THE CODE OF THE CITY OF MIAMI,
FLORIDA, WHICH PROHIE3ITED 'PHE. IISL OF oBSCE;NE
OR INDECENT MATERIAL, OVER CABLE, TELEVISION,
13Y UELETING THE PRIOR JUI)ICIAI, OFTERMINATION
REQUIREMENT; FURTHER AMENDING PARAGRAPH 3 OF
SUBSECTION (b) OF SF'CTION 10.5-20 ENTITLED
"INDECENT MATERIAL" BY PROVIDING FOR A MORE
SPECIFIC DEFINITION THEREOF AND A 'TIME DURING
WHICii INDECENT PROGRAMMING MAY BE DISTRI-
BUTED; FURTHER AMENDING SECTION (d) OF
SECTION 10.5-20 11Y REPEALING SAID SECTION,
DEALING WITi] THE PROCEDURE; BEFORE THE CITY
MANAGER AND THE SANCTIt;NS FOUR VIOLATIONS, AND
SUBSTITUTING IN ITS STEAD A NEVI SECTION (d) ,
PROVIDIN; FOR NOTICE AND RECEIPT OF COM-
PLAINTS; FURTHER PROVIDING FOR INJUNCTIVE
RELIEF TO BE SOU!,HT BY THE CI`CY ATTORNEY FOR
VIOLATIONS OF SECTION (d) IN ACCORDANCE WITH
FLORIDA STATUTES; CONTAINING A REPEALER
PROVISION AND SEVERARILIrI'Y CLAUSE.
WHEREAS, Ordinance No. 0,538, which prohibited the use of
cable television for distribution of obsceno or indecent
material, was challenged in the United States District Court for
the Southern District of Florida and declared invalid in its
present form; and
WHEREAS, the District Court opined that the constitutional
infirmities found in said ordinance could be legislatively
amended and resolved; and
WHEREAS, the United States Court of Appeals for the Eleventh
Circuit affirmed the opinion of the District Court; and
WHEREAS, the Cable Communications Policy Act of 1984 gives
authority to franchising or licensing authorities to regulate
certain cable services; and
WHEREAS, the legislative history pertaining to the enactment
of the Cable Communications Policy Act of 1984 includes obscenity
and indecency within the context of cable services that may be
regulated; and
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Nov 20
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WHEREAS, the City Commission has determined that it has a
substantial interest in and deems it necessary to regulate the
distribution of obscene and indecent material over cable televi-
sion in order to further the objective of protecting the welfare
of children, as emphasized by Dr. Elizaheth Holland in her
presentation to the Memphis Chapter of National Federation for.
Decency, a copy of which is appended hereto as "Attachment 1";
and
WHEREAS, the City Commission has further determined that
regulation of the distribution of obscene and indecent material
over cable television is necessary in order to protect the
privacy rights of viewers who are an unwilling audience to
indecent material, as more fully set forth in the 41-page report
of the Florida Coalition for Clean Cable (FCCC) "Cable
Pornography, the Case for Indecency Regulations," the Table of
Contents of which is appended hereto as "Attachment 2"; and
WHEREAS, lock -out devices have proven unpopular and
inappropriate for normal home television; and
WHEREAS, it has been shown that many cable -television
subscribers choose programming by scanning the dial thus raising
a significant risk of assault on viewers by unexpected cable
indecency. See "Selecting Proqrams in the Multichannel
Environment," pp. 11-14, The Multichannel Environment, A Study of
Two Cable Markets, Television Audience Assessment, Inc., 1983, a
copy of which is appended hereto as "Attachment 3"; and
WHEREAS, the City Commission has determined that lock -out
devices and viewer guides do not afford effective protection for
subscribers who do not wish to view indecent material; and
WHEREAS, it is the intent of the City Commission to r.equlate
and not prohibit the distribution of indecent programming over
the City of Miami's cable television system pursuant to the
exercise of its police power;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
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1
Sect ioln 1.
amended as f(-)ll.ows:l
Section(a) of Section 10.520 is hereby
(a) No person small by means of a cable
television system knowingly distribute by
wire or cable any material which has been
j,dd4e4alip to be is obscene or.
indecent.
Section 2. paragraph 3 of Section 10.5-20(b) entitled
"Indecent material" is hereby amended as follows:
1
Indecent material means mateeiai-wpie#q-is-a
eepeesentatien or deseeiptiea of a Iguman
se�dai-ee-exeeeteep-eegar�-ee-€dgetiefl-wl�ieH
the average peesan applpinq eentempeeaep
eerflffidnitp Standards; weuid €ind to be
patefltip a€€eftsive- a visual or verbal
description, display, representation,
dissemination, or verbal description of:
(1) A human sexual or excretory organ or
function; or
(2) A state of undress so as to expose the
human male or female genitals, pubic area, or
buttocks, with less than a fully opaque
covering, or showing of the female breasts
with less than a fully opague covering of any
portion below the top of the nipple; or
(3) An ultimate sexual act, normal or
perverted, actual or simulated; or
(4) Masturbation
which the average person applying
contemporary community standards for cable
television or pay -for -viewing television
programming would find is presented in a
patently offensive way for the time, place,
manner and context in which the material is
presented.
It shall be an affirmative defense to an
action under this Ordinance to enjoin
indecent material that the distribution of
such indecent material occurred only between
the hours of 11:00 p.m. and 7:00 a.m.
It shall be an affirmative defense to an
action under this Ordinance to enjoin
indecent material that the distribution of
such indecent material was restricted to
institutions or persons having scientific,
educational, governmental, or other similar
Words and/or figures stricken through shall be deleted.
Underscored words and/or figures shall be added. The
remaining provisions are now in effect and remain
unchanged. Asterisks indicate omitted and unchanged
material.
d
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justification for distributiny_in-aecetit
material.
Section 3. section ( d ) of Section 10 . 5-20 of the Code of
the City of Miami, which prohibited the use Of cahle tel evision
Vor distribution of obscene car in,lecent nator_ ial, is hereby
atnemied as fellows:
{d}--N€e}at€en e€ the prev€g-iens of Seet€en €
+�eeee€-�p-anp-€€eer�9ee-a€-a-eat€e-te3etr€9€en-spste�
91�a€€-eenst�tt�te-a-a€eat€en-e€-a-raster€a€-term-and
eend€t€en-e€-the-app€€eab+e-€€eense;-of -Ord €nanee-NoT
9332. -amd-a€-an-Order-and-d€reet en-e€-the-E€tp--Sueh
v€e€at€en-sha h-sub3eet-the-€€eensee-te-suspens€en-er
term€nat€en of the €ieense €n aeeerdanee w-ith the
€e}}ew�ng-Ereeedure-
{a}-- }�e-E€tp-Managee-sha€l-eeee �e-a€€-eer�p€a nts-e€
ems-a€-Seetiem-l-heree€--provided
that nothing here -in sha€€ prohibit the E€tp
Manager from initiating sueh eetnp€a€nts; and
provided further; that the €€eensee shall be
reel"€reel-te-€erward-te-the-e4tp-Manager-er-not -if p
him-#n-wr€t€ng-a€-a€�-eemp€a€rats-reee#ved-bp-the
€eemsee-eemeern#ng-a}�eged-�*€eat€ens-e€-Seet€em
�-heree€,-with€n-€€ae-f5}-daps-a€-€#eenseels-€#rst
net€ee-a€-sueh-eefnpla4nt7
fb}--Rll-eemplaimt9 -whether- reee€aed-er-€met€aced-by
the-Eitp-Manager;-Shall
-be-renewed-bp-h€m-€er-a
determ€mat€en-e€-whethe r- there- }s-prebab€e-eause
to-be+€eve- that- a-v4elat€en-a€-Seet€en-€-heree€
has-boom-eemm€tted-
+e}--upem a determination that sueh probable eause
exists,-the-E�tp-Manager-sha��-net€€y-the-lr€eemsee
€m-wr+timg-e€-the-a€�egeel-ae�at€en-and-give-the
lieensee net fewer than fifteen +4:5} daps to
present-€sets-and-argument-€m-re€"tat€era-e€-the
alleged-ve�at€en-at-a-heflr€mg-te-be-eemdueted-bp
the-E€tp-Manager:--Said-net€€€eaten-shad€-spee�€p
the-date;-t€me;-and-p�aee-a€-said-hear�mg-and-the
mature-e€- 4ea-
t €en she++ be sent by registered ma€1; return
reee€pt requested; at I€eemseels e€€€ee 3n the
E€ty:
fd}--At said hearing the l€eemsee shall be g€vem an
eppertun�tp-to-be-represented-bp-eeumse�;-a-reeerd
e€-the-preeeed�ngs-sha��-be-made-bp-a-eert�€#ed
eeurt reperter; the 14eemsee shall have an
eppertum4tp-to-eall, -and -eress-exam€me-w€tmesses;
te- pre sent-deeumentary-ev€denee;-and-Otherwise-te
present-€ts-pes€teem-er-de€erase-
fe}--The preeeedings at sueh hearing Shell be as
informal, as #s eempat-ible with the essentia€
' requ€cements-e€-due-preeess-a€-€avr:--the-adm�ss#en
e€-evidenee-shall-be-gevermed -bp-the-E-itp-Manager;
eems€stently with generally eeeepted legal
prime€pies-e�eaerm�mg-the-adm}ss�en-e€-ea€donee-€m
administrative preeeed}ngs: Ste€et rules of
ea-idenee appi€eable in eeerts Of law shal+ net
app+p-to-s"eh-preeeed€ngs:
f€}--The burden Of proof by a prependerenee Of the
ev4denee she€+ be en the E€tp; wheh shad€ be
4
Ir V
w
represented-bp-the-Eitp-Atternep-er-his-designee-
fg}--The-order-e€-the-preeeedings-shall-be-a9-€ellews-
4i}--The City and the lieensee shaii have an
epporten itp-te- present -openinc.1-statements-e€
their-positiens-
fii}--The City shall then present its ease with
respect- to- the- alleg ed-violatien- and -proposed
sanetiens-
fiii}--The-licensee-shall-then-present-its-ease-with
eespeet-te-the-alleged-violation-and-proposed
sanetien9-
fiv}--The-Eitp-map-a€€er-evidence-in-rebuttal-o€
lieensee1s-ease-
{v}--The-Eity-map-then -present-elesing-argu�+ent;
to be followed by elosing argument by the
l ieensee ;-te-be-€elle�aed-lap-elesing-argument
bp-the-Eitp-in-rebuttal-a€-lieensee1s-closing
argument-
+h}--Within-ten-t1A}-daps-after- the-eenelusien-e€-said
hear ing;-the -Eitp-Manage r-shall -make -in-writing
his-€findings-and-doeisien;-inelt�ding-the-nature
and extent of any sanetiens imposed open the
lieensee-and -the-reasons-there€er---Sueh-€indfings
shall be filed with the Eitp Elerk and a eepy
thereof mailed to lieensee by registered mail;
return-reeeipt- requested ;-at-lieenseels-aff4ee-in
the -Eity---A-eepy-shall-alse-be-sent-te-the-Eity
Atterney-
fi}--Upon a finding that a violation of Seetien l
hereof has been eemmitted by the lieensee; the
Eitp-Manager-map-impose-the-€elleaing-sanetiensr
{i}--Suspension-af-the-lieensee-€er-a-period-e€
time -net -te-exeeed-nine-f9}-eenseeutive-days
in ahieh ease the 14eensee shall maize the
eerrespending refunds to subseribers set
€erth-in-erdimenee-Ne--93327-Seetien-1495;
Without-the-necessity-€er-subscriber-requests
€er-such-re€ands;-er
fii}--Termit�atien-e€-the-lieense-
Section 3.
(d)(1) The City Manager_shall receive all complaints
of alleged
violations of Section 1 hereof;
provided
that nothing herein shall prohibit the
City Manager
from initiating such complaints; and
provided
further, that the licensee shall be
required
to forward to the City Manager or notify
the City
Manager in writing of all complaints
received
by the licensee concerning alleged
violations of Section 1 hereof, within five (5)
days of
licensee's first notice of such
complaint.
(2) The City Manager may forward such complaints to
the Cit Attorney who shall have the power to seek an
injunction for a violation of Section pursuant to
Chapter 34 of the Florida Statutes or, in the
alternative, in accordance with the provisions of
Chapter 847.011(8)(a) of the Florida Statutes.
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Section 4. All ordinances or parts of ordinances insofar
as they are inconsistent or in conflict with th- provisions of
this Ordinance are hereby repealed.
Section 5. If any section, part of section, paragraph,
clause, phrase or word of this ordinance is declared invalid,
unconstitutional or void, the remaining provisions of this
ordinance shall not be affected.
PASSED ON FIRST READING BY TITLE ONLY this loth- day of
October , 1985.
PASSED ON SECOND AND FINAL READING BY TITLE ONLY this
day of
ATTEST:
MATTY HIRAI
City Clerk
. 1985.
PREPARED AND APPROVED BY:
X. QVI14N J S,
Deputy Ci Attorney
Mayor
APPROV AS 0 FORM AND CORRECTNESS:
A. DOUG 'RTY
City Attorney
AQJ/wpc/ab/pb/166
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his penis inside her vagina and bouncing him there several
hours at a time. The child had venereal disease. The ve-
nereal disease we can treat; the scars from the experience
we cannot treat.
Don't tell me I don't have the right - and the don't tell
me that you don't have the right - or the obligation - to
speak out against the criminal spread of pornography in our
midst.
Another thing I hear is, "It'll never work. There are
too many of them - there are too few of us. They're too
big. There's too much money involved. Keep up the good
work, brother, I agree with what you're doing but you're
fighting a losing battle. I mean, why should I turn in my
converter? I enjoy my TV. It's not going to work. they'll
never remove Playboy, they'll never refuse to offer it. Why
should I deprive myself of the shows I enjoy? You're fight-
ing a losing battle. Count me out."
Once again let me paraphrase for you a story that you all
know. We'll go to the 12th chapter of Acts. Peter ane
James had been preaching in the streets. Herod had had
James killed; Peter had been thrown into prison and he was
chained between two guards in a dark dungeon. And in the
middle of the night the angel of the Lord appeared to Peter
and he said, "Stand up." And Peter stood up. And when
Peter stood up the chains fell off. And then the angel said:
"Put on your clothes; put on your shoes; put on your coat;
and follow me." Peter did. And he followed the angel out
of the dungeon, out to the iron gate which had no key, and
the iron gate opened to them of its own accord. You see,
I'd like you to notice in this story that God did not do
one thing for Peter that night that Peter could do for him-
self. God could have picked up Peter from that dungeon and
translated him to the home of Mary, the mother of John Mark,
where the church had gathered and was praying for his re-
lease. God could have done that. But He didn't. He said,
"Stand up." And Peter obeyed. And then the chains fell off.
You know, I can almost hear old Peter in that dungeon, if
he had been infected with the defeated attitude that prevails
among many Christians today. I can hear him in that dungeon
,hen the angel appeared and said, "Stand up." He said, "Oh,
no. I mean, these chains are heavy and I might wake up those
guards on either side. There are two of them and there is
only one of me. And actually, I've gotten fairly comfortable
down here." No. Peter stood up and the chains fell off.
And the Lord said, "Come. Put on your clothes. follow me.
Put on your coat." And Peter says, "Now, angel, I don't
think you've thought this through very carefully. I mean,
we have to go through this whole jail and there are guards
everywhere. We have to crawl up those creaky steps - man,
have you heard those steps creak? And once we qet out,
don't forget that big iron gate out there. There's no key.
We can't climb that gate! No, I think I'd rather stay here.
Maybe they'll let me live. Maybe they'll just flog me and
let me go. No, I don't think I'll go with you - but thank
you, thanks for trying, thanks for thinking about me."
Instead, Peter got up and followed that angel and he obey-
ed the Lord and he went and when he reached the impossible
gate, the iron gate opened to him of its own accord. You
see, God's call on my life and God's call on your life is to
do the things that are possible and to trust Him with the
things that are impossible.
I am outraged when I am told that I do not have the right
to speak out against pornography in our community. I am out-
raged when I am told that it's a battle we cannot win -
therefore, we must not try. I am outraged when I put my
hands in the wounds of abused battered children who have
been victimized by those who have fed on pornographers'
filth. I am outraged when I sit and hold a beautiful young
girl on my lap and she wraps her arms around my neck and
cries, "Why? Why did he hurt me?" I have no answer for
her except that good men and good women and good ministers
sat back and did nothing.
I treated a family who came into my office - they were
brought in by the police. There was a mother and father,
middle twenties. There was a four -year -old boy and a three-
year -old girl. It seems that the mother and father were pro -
two years as models. The children were required to strip
naked and to engage in sexual acts with each other. To en-
gage in sexual acts with adults. To engage in sexual acts
with animals. I have seen eight by ten glossy prints pro-
duced by this family with this four year old boy and three
year old girl engaged in sexual intercourse at the same
time. There was a dog with his hairy penis in the little
girl's mouth and a rooster with the little boy's penis in
his mouth. And at the same time the mother would take cups
of blood and pour it over the children's heads. And. you
know, people buy this filth. There's a market for this.
It's a multi -million dollar busines in our nation today.
And because of this these children have suffered untold har
Now who do you think bears the responsibility for these
children? The mother and father who photographed them?
Yes. They are their responsibility. What about the distri
butors of kiddie porn who take this material and distribute
it? What about those who buy it and feed on it and create
the market? I would say to you that they're all responsibl
But I would also say to you that those of us in this room,
including myself, we are responsible if we choose to not be
come involved in the fight against this filth. If we chaos
to allow it to happen and do not raise our voices in protes
then the blood which flowed down these children's heads,
this blood is on our hands.
God calls us to do the possible. He'll take care of the
impossible. What's possible to us? You're going to hear
this morning long lists of things that are possible to you.
Take note. Take careful note. But I would say to you that
there is one thing that is possible to all of us and I woul
earnestly enlist your support in fervent, groaning prayer _
before the Lord God Almighty. We need to fall on our faces
and say, "God, we have sinned in what we have done and what
we have failed to do." James tells us that the "effectual.
fervent prayer of a righteous man availeth much." and when
we reach out and touch the hem of His garment, then God wil
answer us. We must reach out and claim his or.onises. God
has said, "If my people ... will humble t�-Tseives an', oray
if they will seek my face, and if they will . fr,m their
wicked ways, then I, I the Lord, will hear their cr3,er in
Heaven, I will forgive their sins and 1 .iil `eai their
land."
This is our possibility, friends. We have to reach out
and touch and claim the power of Almighty uod rcr the clear
sing and the healing of our land. You see, I'm a doctor.
I can suture lacerations, I can put band -aids wouris, 1
can put ointments, I can give antibiotics. But I �3nnot
heal the damage that has been done to these children who
have been abused by those who feed on porno;r3pnv. I can-
not erase the hurt and the bewilderment 3nl tre =ejr rr_m
the eyes of those who have been affected by :,-,;r3-.ny as
it exists today. And yet, the purveyors of ;3r^;1r3phy war
to bring it into my living room and into your i..ih; room
and into the living room of anyone who wants to oluna down
a few dollars and feed on sickness and disease and decay.
I can't treat the effects - I can't treat thse children who
have been abused. The damage is done.
I'm reminded of the disease of polio, which we fought fc
so many years. A child who has polio and comes to me with
a withered limb, it has lost its function. Perhaps physi-
cal therapy will help a little, perhaps it won't. I can't
treat the effects of polio - but polio has effectively beer
conquered in our nation. How? Through a vaccine. and now
we prevent it. Polio can be treated by prevention - not by
treatment of its effects. Pornography? I cannot treat the
effects of the pornographers on children. They will wear
these handicaps for the rest of their lives. But pornogra-
phy can be prevented. It can be prevented, and it can be
stopped if we can enlist the help of good people throughout
this land who are willing to stand up and be counted in thi
effort. Please, please, join us and help stop the spread
of this filth in our land. Please, help us protect the
innocent children. Please.
Morality in Media
of Colorado
P. Q Box 313111
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ATTACHMENT #1
PEDIATRICIAN SPEAKS OUT ON
EFFECTS OF PORNOGRAPHY
The following presentation was given by Dr. Elizabeth Holland to a meeting of the Memphis Chapter of National Federation
for Decency. Dr. Holland has served as Chairman of the Memphis and Shelby County Child Abuse Committee; Chairman of
Pediatrics at St. Joseph Hospital; and for the past ten years she has been the doctor at St. Peter's Home for Children
in Memphis, Tennessee. (This first appeared in the JOURNAL, a publication of National federation for Decency.)
I have not come here today to shock you, though perhaps
this might well happen. 1 have not come here today to of-
fend your sensibilities - though again, I recognize that
this may take place. I have come simply to share with you
a few of my experiences over the past ten years in treat-
ing victims of pornographers. Of treating children who
have been affected, who have been abused. who have been
damaged for life by those who feed on pornography.
There exist in our nation and in our area and in our
community those men and women who have abused, who have
been damaged for life by those who feed on pornography.
There exist in our nation and in our area and in our com-
munitythose men and women who have a sickness, who need
to feed on dirty pictures and pornography. And when
touching pictures and pornography; and when touching pic-
tures and fantasizing and looking no longer satisfies
these people's insatiable appetite, then they move. And
they move to live children.
I know -- because I treat these children.
Recently there came into my office a distraught mother
with a 14-year-old son, a 12-year-old daughter. an 11-year
old daughter and an 8-year old son. As her story unfolded,
it appeared that her 14-year-old son had been purchasing
pornographic magazines and reading then in his bedroom,
and after reading them and arousing himself sexually to
the point that he could no longer contain himself, he would
go into the bedrooms of his 12-year-old and 11-year-old sis-
ters, and his 8-year-old brother and rape them -- several
times weekly. It further unfolded that this had been con-
tinuing for five years. If you can subtract with me, the
14-year-old boy was nine when he began his activities. His
sisters were seven and six, and his 8-year-old brother was
three years old when he began to be raped by his nine -year -
old brother who fed on pornography and graduated to live
children.
I treated a young boy in my office who was four years
old. His parents were divorced. He lived with his mother.
He visited his father on week -ends. From the time he was
two, when the child would return home to his mother after
visiting his father, he would cry and be irritable -- and
none of us could figure out why. At age four we learned
that the father of this two -year -old boy had been system-
atically raping this child in his home -- many times,
every weekend for two years. The father bought pornograp;iic
magazines. He shared them with his two -year -old child and
then forced this child into anal intercourse. This child's
rectum looked like hamburger meat.
I have been told by many children who have been there --
I have never seen this house -- but I have been told that
there is a house in Memphis. It's called a "safe" house.
Children are abducted from our streets and taken to this
house where they are photographed in various sexual poses
with each other, with adults, with men, with women, with
animals. They are photographed and the pictures are dis-
tributed to the various kiddie porn magazines which are
sold throughout this country. And yet, do you know what
I hear when I speak out against pornography? When I
stand and tell these stories to people who are not con-
cerned? Do you know what I hear? I hear from them that
I don't have the right to determine what someone else
watches in their living room. I wouldn't subscribe to
the Playboy channel, but what.right do I have to say that
someone who is willing to pay the money can't subscribe?
I don't have the right to prevent you from watching it if
you'd like -- yet I look at the children who have been
abused and who have been beaten and who have been battered
by those who feed on this pornography. I say that I not
only have the right to prevent this pornography from
spreading in this community. I have a moral obligation.
Let me paraphrase for you a story that you're all fa-
miliar with -- Ezekiel, Chapter 3. The Lord is calling
Ezekiel. He says, "Oh, son of man, I have made you a
watchman of the house of Israel. I send you to the House
of Israel with my warning. You must go to them and you
must warn them of their wicked ways. If you refuse to
and the wicked man dies in his sins, then I will hold
you to blame and his blood is on your hands. If you go
and warn him and he refuses to listen, he will die in his
sins but you are blameless. And if you go and warn him
and he listens, and he repents, then he will core unto
life and you have saved your soul."
Do I have the right to speak out against evil that ex-
ists in this world and in my community and in my neighbor-
hood? As God said to Ezekiel, I must go and ,you rust go.
If we refuse to go, those of us who have been scoken to
and commanded by the Lord, if we refuse to �;o, t"e tl.^d
of those innocent children is on our hands.
A little girl was brought into my office not long ago.
She was four years old. She had a torn and lacerated
vagina. She was brought in by the police. It seers her
father, her uncle, and her brothers would buy-ornograohic
literature and would pass it around among themselves and
would laught and tell dirty jokes -- and finally, when
they were tired of reading and tired of fantasizing, they
.ould take this four -year -old child and they .ouli all
rape her. The child had been taken to another doctor one
year previously, for the same problem. This doctor had
chosen to ignore the signs and the symptoms; t-escribed
ointment; and sent a three -year -old girl back into this
situation for another year of torture and fear and oain.
Now who's to blame? The family? Yes. But what about the
one who knew? What about the one who understood and re-
fused to act because he did not want to get involved? I
submit that his guilt is great or greater than those who
actually perpetrated this violence on that innocent child.
I have treated two young girls, ages nine and eleven.
Their father purchased sadistic pornographic literature.
One afternoon he took the mother and the two daughters
onto his front porch with a pile of sadistic pornographic
literature and he required that they all share in and look
at it. And then he took a gun and he held it to the mo-
ther's head and he proceeded to rape her unmercifully in
front of his two daughters) And when he had finished rapin
her he calmly pulled the trigger and blew her head off in
front of his daughters. Then he held the gun to their head
and he raped them in the same manner and said to them, "I
will kill you in the same manner if you tell anyone what I
have done." I treated these children for two years before
I could get one word out of either child. They live in ab-
ject terror because of what they had seen and what they
had experienced.
I treated a three -year -old boy who visited his mother on
weekends, and one day, during a check-up after such a visit
I noticed he had large, draining sores on his penis. After
further investigation it turned out that this mother, every
week -end, had been taking her three-year-oid son, placing
TABLE OF CONTENTS
PART I. THE EFFECTS OF "ADULT" PROGRA%k1MING ON OUR SOCIETY.
SUMMARY . .
1. Children Feel Pressured to Experience Sex Too Early
2. Sexually Transmitted Diseases Are Skyrocketing. .
3. Children Are Receiving Their Sex Education from
Cable Television.
4. Children are Imitating the Sexual Behavior They See
Modeled on Cable Television .
5. Children Are Being Damaged Emotionally .
6. Children Are Being Damaged Intellectually .
7. Sex Crimes Are Continually Increasing. .
A. Rape Is An Ever Increasing Threat . .
B. Increasing Child Abuse Is Alarming The Nation . .
C. Juveniles Are Themselves Committing Sex Crimes. .
8. Cable Pornography Stimulates Men to Commit Sex Crimes.
9. Cable Pornography Encourages Sex Addiction Just Like
Porn Magazines .
PART II. RESEARCH SUBSTANTIAT114G THE HARMFUL EFFECTS OF • .
PORNOGRAPHY
SLP,12-IARY . .
1. Soft -Core Pornography Callouses Men Toward Women
and Creates Appetites for Harder Material .
2. Pornography Affects Both Normal and Disturbed
People Negatively. It Is Not Cathartic . .
3. There Is a high Correlation Between Viewing
Pornography and Committing Rape. .
4. There Are Substantial Relationships Between Viewing
Pornography and Promiscuity and Sexual Deviance
5. Sexual Images Are Permanently Stored in the Brain.
6. Sexual Overpermissiveness Saps Creative Energy and
Leads to Cultural Decline. .
' PART III. THE RELATIONSHIP BETWEEN TELEVISED VIOLE.:CE AND
AGGRESSIVE BEHAVIOR . .
SUi,1MARY . .
1. Violence has become a National Problem .
2. The Cause -Effect Relationship Between Television
Violence and Aggressive Behavior Has Been Established .
3. T.V. Rock Videos Are Creating a Subculture of
Hatred and Violence. .
4. T.V. Violence Desensitizes Viewers to Real Life
Violence .
5. ViolerLc:e in America Has Become Eroticized
6. Torture and :Murder for Pleasure Is on the Increase
in the U . S . .
i
4
7
7
7
7
8
8
10
12-19
12
14
15
15
16
18
18
19-24
19
20
�0
2'
23
23
23
ATTACHMENT # 2
FLORIDA COALITION FOR CLEAN CABLE
MEtt t"
MORALITY IN MEDIA
OF NAPLES
OF PALM BEACH COUNTY
SUNCOASY CHAPTER
THE REs�E kGROWTH
CABLE PORNOGRAPHY
CITIZENS FOR RESPONSIBLE
GOVERNMENT
CITIZENS AGAINST PORFgORAPHY
The Case for Indecency Regulations
OF CENTRAL FLORIDA
OF ST LUCIE COUNTY
CITIZENS FOR A DECENT COMMUNITY.
NaNfILLE. FL
NATIONAL FEDERATION FOR DECENCY
The Table of Contents is a summary of the
CAM CANTONMENT
CWTER
TAAEAACHAP M�P°A AREA
whole report. Each part begins with a sum-
FLORIDA MFAWY FOAIUM
mary of that section. The summaries and the
FLORIDA FEDERATION OF
WOMEN'SCLUBS
concluding section explain the problem and
FLORIDA FEDERATION WOMEN
FOR RESPONSIBLE LEGISLATION
the solution. The rest is back-up informa-
EAGLE FORUM
o JAI,ACKSONVILE
tion: documentary material and examples.
OF LEE COUNTY
OF NAPLES
OF ORLANDO
MINUTEWOMEN OF FLORIDA
KNIGHTS OF COLUMBUS
FLORIDA STATE COUNCIL
TAMPA MINISTERS ASSOCIATION
UNITED CHRISTIAN ACTION INC
NORTHWEST COAST BAPTIST ASSOC
MORAL MAJORITY OF FLORIDA
THE AMERICAN COALITION FOR
TRADITIONAL VALUES OF FL
CHRISTIAN VOICE Of FLORIDA
FLON
HULLING Of THE NATION FLOWDA
I
"Cablevision can and should be an instrument of bene-
CONCERNED WOMEN FOR AMER f,A.
TAMPA CHAPTER
f icial cultural influence in American life. It should
CHRISTIAN NEWS UPDATE
not be surrendered to the disposition of undisciplined
COMMITTEE FOR RESPONSIBLE
entrepreneurs. We submit that grave abuses are evident
CITIZENHIP
PALM BEACH COUNTY
in the recent history of cable programming. We close
FULL GOSPEL BUSINESSMEN S
our eyes to that evidence only at peril to the vulner-
FNAP ELLOWSHIP ES CHAPTERRNATIONAL
ability of our children and to those decencies funda-
DEMOCRATIC WOMEN S CLUB
mental to a family -oriented and self -respective civil
OF COLLIER COUNTY
society."
COMMITTEE FOR THE RESTORATION
- Massachusetts Governor's Advisory Committee Report
OF THE FAMILY
INTERNATIONAL ASSOCIATION FOR
CHRISTIAN EDUCATION
WINNING WOMEN OF FLORIDA INC
RELIGIOUS FREEDOM FORUM
'
FLORIDA A= ATION OF
CHRISTUUI COLLEGE AND
SCHOOLS INC
FLORIDA ASSOCIATION OF
CHRISTIAN CHILD CARING
- AGENCIES
Eladda Qathal=
Ctrfexerce
440 SPINNAKER DRIVE. NAPLES. FLORIDA 33940 • 813.262.2471 • OR 263.8908 ,
}
i
i
}
PART I. THE EFFECTS OF "ADULT" PROGRA2MING ON OUR SOCIETY
SU�Z-IARY: Children are being taught an increasingly promiscuous life
style. Because children imitate what they see, they are experimen-
ting with sex at progressively younger ages. Robbed of childhood,
their capacity for intellectual creativity is lessened and they are
left with deep emotional scars that may keep them from ever enjoying
mature sexual relationships as adults. All this is reflected in un-
precedented numbers of sexually active teenagers and soaring statis-
tics of unwed teenage pregnancies and sexually transmitted diseases.
Sex crimes are increasing at a time when general crime is
decreasing. It is no longer safe for women and children to be alone
in many neighborhoods and shopping malls even in the daytime. The
number of sex and porn addicts, rapists and child molesters, who are
bein7 constantly stimulated by the flow of sexually arousing stimuli
in our society, are increasing and they feed their perverse appetites
on Lmed sex and violence. A new phenomenon of our times is chil-4-
ren molesting ;ounger children. Those who are victimized in turn
victimize others who are weaker and cannot resist and it is becoming
evident that preteen vic�imizers are even more violent than their
adult victimizers.
..,e ne5,3tive changes that are taking place in our societ:-
are reflected in the changes in the top disciplinary problems in ouo-
iic schools in the last 40 years:
t
PART IV.
THE NATURE OF CABLE TELEVISION TODAY.
24-34
SMOLNRY .
24
1.
The Number of Homes Receiving Cable Is Continually
Increasing.
25
2.
Discontent with Cable Programming Is Being Expressed.
26
3.
Cable Television Promotes Nudity, Vulgarity, Sex
Exploitation and Sexual Violence
26
4.
We Can Expect Cable Programming to Become Harder and
More Decadent.
27
5.
Cable Pornography Is Attracting Organized Crime
28
6.
"Adult" Cable Services Break into Homes of
Non -Subscribers .
28
7.
Children Have Learned to Unscramble Pay Channels
29
8.
Lock Boxes Don't Work .
30
9.
Children Are Watching Television Late at Night
30
10.
The Message of Cableporn Is Distorted.
31
11.
Cableporn Is Used to Break Down Resistance in Children
31
12.
Other States Are Considering Indecency Legislation
32
13.
Citizens Across the Country Are Protesting
Playboy Channel .
32
14.
Other Countries See the Dangers of Cableporn
34
PART V.
THE CASE FOR PROHIBITILNG INDECENCY ON CABLE TELEVISION
34-41
1.
Censorship Is Not the Issue .
34
2.
We Need State Legislation.
37
3.
Prevention Is the Best Solution.
39
ii
TABLE OF CONTENTS
PANT I. THE EFFECTS OF "ADULT" PROGRAMMING ON OUR SOCIETY.
SUMMARY . .
1. Children Feel Pressured to Experience Sex Too Early
2. Sexually Transmitted Diseases Are Skyrocketing. ,
3. Children Are Receiving Their Sex Education from
Cable Television. .
4. Children are Imitating the Sexual Behavior They See
Modeled on Cable Television .
5. Children Are Being Damaged Emotionally . .
6. Children Are Being Damaged Intellectually
7. Sex Crimes Are Continually Increasing. .
A. Rape Is An Ever Increasing Threat . .
B. Increasing Child Abuse Is Alarming The Nation .
C. Juveniles Are Themselves Committing Sex Crimes.
S. Cable Pornography Stimulates Men to Commit Sex Crimes.
9. Cable Pornography Encourages Sex Addiction Just Like
Porn Magazines .
PART II. RESEARCH SUBSTANTIATING THE HARMFUL EFFECTS OF
PORNOGRAPHY . • . .
S UMC,IA RY . .
1. Soft -Core Pornography Callouses Men Toward Women
and Creates Appetites for Harder Material .
2. Pornography Affects Both Normal and Disturbed
People negatively. It Is Not Cathartic . .
3. There Is a High Correlation Between Viewing
Pornography and Committing Rape. .
4. There Are Substantial Relationships Between Viewing
Pornography and Promiscuity and Sexual Deviance
5. Sexual Images Are Permanently Stored in the Brain.
6. Sexual Overpermissiveness Saps Creative Energy and
Leads to Cultural Decline. .
PART III. THE RELATIONSHIP BETWEEN TELEVISED VIOLEINCE AND
AGGRESSIVE BEHAVIOR. .
S U101A RY . .
1. Violence has become a National Problem .
2. The Cause -Effect Relationship Between Television
Violence and Aggressive Behavior Has Been Established
3. T.V. Rock Videos Are Creating a Subculture of
Hatred and Violence.
4. T.V. Violence Desensitizes Viewers to Real Life
Violence
5. Violence in America Has Become Eroticized .
6. Torture and I•:urder for Pleasure Is on the Increase
in the U . S . .
i
1-11
1
3
3
4
4
7
7
7
7
8
8
10
12-19
12
14
15
15
16
18
18
19-24
19
20
10
2Z
23
23
23
ATTACHMENT #2
of*""
MORALITY IN MEDIA
OF MAPLES
OF PALM BEACH COUNTY
SUNCOAST CHAPTER
THE ALLIANCE FOR
RESPONSIBLE GROWTH
CITIZENS FOR RESPONSIBLE
GOVERNMENT
CITIZENS AGAINST PORNOGRAPHY
OF CENTRAL FLORIDA
OF ST LUCIE COUNTY
CITIZENS FOR A OECENT COMMUNITY.
WAVIILE.FL
NATIONAL FEDERATION FOR DECENCY
CAM CANTONMENT
DAYTONA CHAPTER
TAMPA AREA CHAPTER
FLORIDA PIIO-FAMILY FORUM
FLORIDA FEDERATION OF
WOMEN'S CLUBS
FLORIDA FEDERATION WOMEN
FOR RESPONSIBLE LEGISLATION
EAGLE FORUM
OF GAINESVILLE
OF AACUSONVI►LE
OF LEE COUNTY
OF NAPLES
OF ORLANDO
MINUTEWOMEN OF FLORIDA
KNIGHTS OF COLUMBUS
FLORIDA STATE COUNCIL
TAMPA MINISTERS ASSOCIATION
UNITED CHRISTIAN ACTION INC
NORTHWEST COAST BAPTIST A=
MORAL MAJORITY OF FLORIDA
THE AMERICAN COALITION FOR
TRADITIONAL VALUES OF FL
CHRISTIAN VOICE OF FLORIDA
HEALING OF THE NATION FLORIDA
CONCERNED WOMEN FOR AMERICA.
TAMPA CHAPTER
CHRISTIAN NEWS UPDATE
COMMITTEE FOR RESPONSIBLE
CITIZENSHIP
PALM BEACH COUNTY
FULL GOSPEL BUSINESSMEN'S
FELLOWSHIP INTERNATIONAL.
NAPLES CHAPTER
DEMOCRATIC WOMEN S CLUB
OF COLLIER CDUNTY
COMMITTEE FOR THE RESTORATION
OF THE FAMILY
INTERNATIONAL ASSOCIATION FOR
CHRISTIAN EDUCATION
WINNING WOMEN OF FLORIDA INC
RELIGIOUS FREEDOM FORUM
FLORIDA ASSOCIATION OF
CHRISTIAN COLLEGE AND
SCHOOLS, INC
FLORIDA ASSOCIATION Of
CHRISTIAN CHILD CARING
AGENCIES
Flaidli C`i relic
Ctnfenrce
1
FLORIDA COALITION FOR CLEAN CABLE
CABLE PORNOGRAPHY
The Case for Indecency Regulations
The Table of Contents is a summary of the
whole report. Each part begins with a sum-
mary of that section. The summaries and the
concluding section explain the problem and
the solution. The rest is back-up informa-
tion: documentary material and examples.
"Cablevision can and should be an instrument of bene-
ficial cultural influence in American life. It should
not be surrendered to the disposition of undisciplined
entrepreneurs. We submit that grave abuses are evident
in the recent history of cable programming. We close
our eyes to that evidence only at peril to the vulner-
ability of our children and to those decencies funda-
mental to afamily-oriented and self -respective civil
society."
- Massachusetts Governor's Advisory Committee Report
440 SPINNAKER DRIVE, MAPLES, FLORIDA 33940 • 813.262.247t • OR 283.8908
i�
1I"*N
a
PART I. THE EFFECTS OF "ADULT" PROGRAI-MING ON OUR SOCIETY
MCIARY: Children are being taught an increasingly promiscuous life
style. Because children imitate what they see, they are experimen-
ting with sex at progressively younger ages. Robbed of childhood,
their capacity for intellectual creativity is lessened and they are
left with deep emotional scars that may keep them from ever enjoying
mature sexual relationships as adults. All this is reflected in un-
precedented numbers of sexually active teenagers and soaring statis-
tics of unwed teenage pregnancies and sexually transmitted diseases.
Sex crimes are increasing at a time when general crime is
decreasing. It is no longer safe for women and children to be alone
in many neighborhoods and shopping malls even in the daytime. The
number of sex and porn addicts, rapists and child molesters, who are
being constantly stimulated by the flow of sexually arousing stimuli
in our society, are increasing and they feed their perverse appetites
on filmed sex and violence. A new phenomenon or our times is chi'_.:-
ren ,,.olesting lounger children. Those who are victimized in turn
victimize others who are weaker and cannot resist and it is becoming
evi"'ent that preteen vic-i-izers are even more violent than their
adult victimizers.
1
e ne�;ative changes that are taking place in our socie:_:
are reflected in the changes in the top disciplinary problems in pub-
lic schools in the last 40 vears:
1
� r
Au K # Z �CoY1i rU�
'r T2 k me'�
PART IV.
THE NATURE OF CABLE TELEVISION TODAY.
24-34
SUMMARY.
24
1.
The Number of Homes Receiving Cable Is Continually
Increasing.
25
2.
Discontent with Cable Programming Is Being Expressed.
26
3.
Cable Television Promotes Nudity, Vulgarity, Sex
Exploitation and Sexual Violence .
26
4.
We Can Expect Cable Programming to Become Harder and
More Decadent.
27
5.
Cable Pornography Is Attracting Organized Crime
28
6.
"Adult" Cable Services Break into Homes of
Non -Subscribers .
28
7.
Children Have Learned to Unscramble Pay Channels
29
8.
Lock Boxes Don't Work .
30
9.
Children Are Watching Television Late at Night
30
10.
The Message of Cableporn Is Distorted.
31
11.
Cableporn Is Used to Break Down Resistance in Children
31
12.
Other States Are Considering Indecency Legislation
32
13.
Citizens Across the Country Are Protesting
Playboy Channel .
32
14.
Other Countries See the Dangers of Cableporn
34
PART V.
THE CASE FOR PROHIBITING INDECENCY ON CABLE TELEVISION
34-41
1.
Censorship Is Not the Issue .
34
2.
We Need State Legislation.
37
3.
Prevention Is the Best Solution.
39
ii
The Multichannel ,
Environment
A Study of Television Viewing in TWo Cable Markets
Executive Summary
i
Introduction
1
A Profile of Cable Subscribers
5
Selecting Programs in the
Multichannel Environment
11
What Cable Viewers Watch
15
Does Cable Make a Difference in
the Audience's Response?
20
Notes
23
Appendixes
24
l
DEFENDANTS' EXHI3I:' ':O. 33
9
SELECTING PROGRAMS IN THE �
MULTICHANNEL ENVIRONMENT
0 nc of the major characteristics of cable
subscribers that sets them apart from ether
vicwcrs is that thev watch tcicwision on a
set with a vastl+ expanded program menu. In Kansas
City. homes without cable rcccivc six broadcast chan-
nels. and in Nc++ Britain. depending on the terrain.
they may recei+e eight or ten. Cable subscribers in
both markets get at least 26 channels of programming.
and if they have purchased pay services in addition to
the regular basic cable fare. they may have as many as
30 program choices availahle at any given time. With
their options tripled, viewers may he using television
differently. In this chapter we look specifically at ho++
viewers select programs to watch. `
A considerable hods of research has been
undertaken to probe the factors that motivate viewers
to select a particular program. Not all viewers in any
given program audience, of course, have actually
elected to watch that particular show. Owcr two-thirds
of the wic+wcrs %kc surveyed were watching a show of
their own choice. and the rest %%erc captive +ie%%cr• of
another famil+ mcnthcr's choice. Hawing cable made
no difference in that proportion. despite the higher
incidence of multiple set families among suhscrihing
households.
%%c also f:uutd rabic to h;n_ little effect on the
reasons people _.is c for choosing to %%atc'h a particular
In the pre, imis chapter. we Contrasted cable subscnbers
%%ith nomubscrihers i people Mit) haul liml the ohpilrtunits
to suhscnbe and had turned it do%%nl in order nit illunun.itc
tartar% that ntas he attecling the deCisiun Io subscribe. In the
remaining chapters. where we examine selcctian and usage of
and response to prugramnung. our concern is funetuinal Honk
dues the presence of apprtmniatelc 30 channels aftect stea-
m' hchasim" Theretme, from this piton an we will he cont-
paring cable subscribers with all viewers wh<i did not receisc
cable, whether thec h%ed in wired or unwired areas. When
the figures warrant it. we will look at nonsuhscrihers sepa-
rateh from panelists whose neighborhoods were not wired
for cable.
program. For example. 44 percent of +ics+crs s+Ithout
cable and 39 percent of viewers with cable said they
chase a program because they expected that their
friends watchcd it. Twcnty-seven percent of cahlc
viewers and 29 percent of people +without cable said
thcv chose to watch a program because the+ sits+ an
, crtisement for it on television. Finallw. 17 percent
of cable subscribers and 18 percent of noncable view-
ers said they selected a show because they had read
good reviews of it.
Approximately half the people in our study.
whether or not their houses had cable, reported that
the show they were viewing was one they regularly
tried to watch. This kind of habitual +watching no
doubt contributed to the fact that two-thirds of all
panelists said they were aware of none or onl\ a fcw
of the alternatives to the program they acre \%atching.
Again. the proportion held true ++hethcr panelists'
houses received only six or seycn channels or the full
array of cable services. The fact that tsso-thirds of
all cable viewers did not know v hat else %+as on at
the time they �%erc watching sugeests that despite
the temptations of the multichannel emironment.
�ic•t+crs may still remain loyal to specific pinigranis
Planning ahead
When \%c analyzed yrc\+cr selection Imitcrns
o+cr the full 14 dat,s of the stud+. ++c found that ncarl+
�11 pCivent of the time programs that +IC1+Cry watched
s+crc chosen at the time of rather than in
advance. The presence of cable television had tittle
influence on this planning process. cable suhscrrhcrs
++ere neither more nor less likely to plan ahead to
++atch a particular show than were yie%kers \%ithout
cable. It appears that even in homes with premium
services, television viewing is often an unplanned
activity, with many program choices made on the
spur of the moment.
11
The two strongest predictors of whether view-
ers would plan ahead to watch a program, we found,
were the amount of television thev recularly viewed
and how much appeal the program held for them.
Heavy users of television were much more likely to
plan their viewing than were less frequent viewers of
television. Fifty-three percent of people who spent
more than two hours an evening watching television
planned ahead to see a program, compared to 42
percent of those who watched less than one hour
a night.
There was also a strong correlation across all
programs in our study between advance planning and
a viewer's evaluation of a program's entertainment
value. The higher a viewer rated a show on the Tcicvi-
sion Audience Assessment Program Appeal Index.
the more likely it was that he or she planned ahead to
watch it.' Overall, therefore, the amount of viewing,
and the appeal of programs, not the availability of
cable services, indicate if viewers are likely to plan
their viewing, in advance.
Looking at the menu
Although access to cable dues not seem to
affect ithen %ice%ers decide to %%atch a given program.
it does appear to influence another aspect of the selec-
tion process, namely, hue+• vie%%ers discover ,,ghat is
availablc to watch.
People e%ho want to consider the full menu
hctore choosing a program can consult two bade
suurccs—printecl listings and the television sct itself.
People in homes eeith cable television use both
sources more frequently than do %iewcrs without
cable. Viewers without cable television reported see-
ing the program they watched listed in a program
guide or in the newspapers 52 percent of the time.
whereas basic -only cable subscribers used a guide SS
percent of the time and multi -pay subscribers relied
on a guide or listing 62 percent of the time.
The heavier reliance that cable viewers.
particularly pay subscribers, put on printed guides
is interesting in light of the fact that. like %icm crs in
most cable markets in the United States. subscribers
in Kansas City and New Britain did not have thorough
or easy -to -use printed guides to all the programming
their sets received. 7V Guide. probably the most
complete single listing available at the time of our
study, had limited utility for subscribers, because it
lists cable programming by the name of the service.
not by the number of the channel. Subscribers who
rely on this listing must also use another source to
discover what channel a given program is appearing
on. The program listings published in the Kansas Cit%
Star and the Hartford Courant were equally limited.
Subscribers to pay services in bath markets do
receive a monthly guide that lists %%hat is aeadahle on
the pay services for the month, but these guides pro-
vide no information about broadcast or hasic cable
programming. And in New Britain. %iewcrs « ho .uh-
scribe to the premium service called Prism h.t%c to
consult a special listing for that program schedule
alone. All in all, cable subscribers have printed 'urclC1,
that are clearly more difficult to use. but the great
array of choices available to them forces them to uNc
these listings more frequently than noncahle �ie�eer.
use theirs.
Many %iewers who %ant to resicw the pro-
gram menu before selecting it show nc%cr refer to
printed guides or listings at all; +%hen thc� sit doyen tO
%%atch, they simply scan the channels to find out MIA
is playing. in fact, evert those viewers Mio hase con-
sulted a guide may want to have a glimpse at the
programs themselves before making it choice. About
Sri percent of all panelists reported that they had
looked at the alternatives to what they were watching
and decided that the program they chose was the best
available at the time. This pattern of scanning chan-
12
nets before making a program choice was far more
characteristic of people with cable tcicyr,ion than of
7. More channels mean more scanning.
nonsuhscribers. (Sec Figure 7.)
` Another factor that undoubtedly encourage,
I channel scannine among cable s ic%%ers is the prescncc
Percentage of viewers who said that they 'often" or "almost
! of a remote control unit. Since remote control selec-
always" scanned channels before deciding what to watch
tors are often used as a premium by many cable
companies, it is not surprising to find that they arc
33 47 45 52
far more common in households with cable than in
households without cable. ']�%cnty-four percent of
cable households in our study had a remote control
a. Viewers who scan
unit. compared to 9 percent of noncablc households.
Nevertheless. the effect of the remote control on pro-
gram scanning was less pronounced than we expected.
Percentage of viewers reporting
As Figure 8 dettlonstratcs. yic+scrs in cable homes
"often" or "almost always" scanning
scan more than %icwers in noncable homes regardle„
before deciding what to watch
of +yhether or not they ha\e a rerllotc control unit.
szm tither c%,ldence a, %%cll to support the
belief that ha+ing cable encourages %ic+yers to turn the
32 54
dial. Fir,t. a surprisingly large proportion of cable
32 47
+rc%%crs—almost ill percent —said that they %%crc
a++arc of ++hat ++a, on "all" or "most- of the other
ch.,nncl, at the tinic they ++crc ++;etching. If tr'Ue, this
i, nu small ;lchievenlcni. \%nli 30 channels to sure+.
SCCUrld. \%c found that cahie ,ub,crihcrs not only
,C.uuied helorc .hOu,rn-' but ++crc al,o much nu+rc
Ilkeb to loin III Orel during the pr -orani and it,
conunercral break,. !n one L1a),', Mc+r,ion VIC"lilt,
Monitor. p;ulcli,is ++ere a,kCd to indicate ho++ fee-
clucnti, they ch;uigcd ch;uincl, during the program .uid
during" the conlnlcrcials 111C\ ++� r� ++.et�hrn;�. Cahlc
i suh,crihers ++crc three tinie, inoic• hkcl+ than pcopic
%%ithout cable to report that ihc+ "otter- s++lichcd
channels during both the ,how .old the c'o►nrlicrcial
message. (Scc Figurc V.)
Vic%%,crs with cahlc actually included a suh-
stantial fraction of people-10 percent of them —Moo
reported frcyucntiv watching programs on two chan-
ncls at once by switching hack and forth between
13
l .
ti
------- -- -
THE CIT1 NiA',AGE.R
l
' r j
�Octobdr',IVj;: 1985
Mr. Terry S. Bienstock, P.A.
Frates Bienstock & Sheehe
Attorneys at Law
Southeast Financial Center - Suite 3160
200 South Biscayne Boulevard
Miami, Florida 33131-2367
HAND DELIVERED
Dear Mr. Bienstock:
In response to your letter of September 25, 1985, please be
advised that we are forwarding same to the City Clerk so that
your name can be placed on the list of those individuals wishing
to address the City Commission in opposition to the proposed
revision of the City of Miami Ordinance regulating cable
indecency. Also, a copy of your letter is being sent to the
Mayor and each member of the City Commission.
As indicated on the attached agenda for the City Commission
Meeting of October 10, 1985, the matter related to the subject
ordinance can be found on Page 22 as item No. 43. It is
scheduled to be considered at 2:30 p.m.
If you require additional information, do not hesitate to contact
Albert Ruder of my staff at 579-6639.
Sincerely,
Sergio Pereira
City Manager
attachment
cc: Matty Hirai, City Clerk
Honorable Mayor and Members
of the City Commission
3500 Fan American Dme'Miami, Florida 33233-0708 t305� 579-6040
1
FRATES BIENSTOCK & SHEEHE
ATTORNEYS AT LAW
(A PAPTNEPS-1- INCLUDING A PPOrESSIONA, ASSOC'A�IONI I
SOUTHEAST CINANCIAL CEN'ER SUI'E 3-60
POO SOUTH BISCAYNE BOULEvAPO
TERRY S BIENSTOCK, P A MIAMI, FLORIDA 33131-23e7
(30S) 358 7447
September 25, 1985
Mr. Sergio Pereira
City Manager - City of Miami
Agenda Office
3500 Pan American Drive
Miami, Florida 33133
Re: Appearance at Commission Meeting on October
10, 1985
Dear Mr. Pereira:
This is to request a formal appearance to speak at your
next City Commission Meeting scheduled for October 101 1985
in opposition to the proposed revision of Miami City
� i ^-''-•Y ��V �.-ncc No. 9538 regulating cable indecency.
Vu L
Thank you for your courtesies in connection with this
matter.
Sincerely,
Terry B. Bienstock, P.A.
TSB/mm
It•.*� _ gip.
i7F
1Y:
t
_ 1�
Ift
r'
Percentage of viewers who said they
"often" or "almost always" changed
channels
Noncable viewers Cabe subs::• te•s
Dur rg wogra rs 6 17
Durng co r re,c a:s 13 39
them. Only 2 percent of vic%ycrs without cable rc-
ported jumping hack and forth like this.
Of course. these data on scanning and chan-
nel switching are based on the yicwcrsI o�kn reports.
Further research using electronic data -gathering tech-
niques such as meters will provide us %pith more defi-
nite insight into how significantly cable television in-
fluences channel scanning and channel s-,%itchina
as a mode of program selection. Nevertheless. these
findings suggest that cable television. with all the
programs it offers. does influence how viewers select
programs. Although they plan ahead no more than
other viewers do. cable subscribers do rely more on
printed guides and channel scanning to discover what
is available. Their heavier use of the tools available.
alone with their higher rate of switching channels both
before and during programs. suggest that ha%ine 0
channels to choose among encourages today's cable
vic\%ers to u.e their television sets more acti%el\ than
other vic%kers do.
14
0
4ANMSPEAKS
EDIATRICIOUT ON
EFFECTS OF PORNOGRAPHY
The following presentation was given by Dr. Elizabeth Holland to a meeting of the Memphis Chapter of National Federation
for Decency. Dr. Holland has served as Chairman of the Memphis and Shelby County Child Abuse Committee; Chairman of
Pediatrics at St. Joseph Hospital; and for the past ten years she has been the doctor at St. Peter's Home for Children
in Memphis, Tennessee. (This first appeared in the JOURNAL, a publication of National Federation for Decency.)
I have not come here today to shock you, though perhaps
this might well happen. I have not come here today to of-
fend your sensibilities - though again, I recognize that
this may take place. I have come simply to share with you
a few of my experiences over the past ten years in treat-
ing victims of pornographers. Of treating children who
have been affected. who have been abused, who have been
damaged for life by those who feed on pornography.
There exist in our nation and in our area and in our
community those men and women who have abused, who have
been damaged for life by those who feed on pornography.
There exist in our nation and in our area and in our com-
munitythose men and women who have a sickness. who need
to feed on dirty pictures and pornography. And when
touching pictures and pornography; and when touching pic-
tures and fantasizing and looking no longer satisfies
these people's insatiable appetite, then they move. And
they move to live children.
I know -- because I treat these children.
Recently there came into my office a distraught mother
with a 14-year-old son, a 12-year-old daughter, an 11-year
old daughter and an 8-year old son. As her story unfolded,
it appeared that her 14-year-old son had been purchasing
pornographic magazines and reading them in his bedroom,
and after reading them and arousing himself sexually to
the point that he could no longer contain himself, he would
go into the bedrooms of his 12-year-old and 11-year-old sis-
ters, and his 8-year-old brother and rape them -- several
times weekly. It further unfolded that this had been con-
tinuing for five years. If you can subtract with me, the
14-year-old boy was nine when he began his activities. pis
sisters were seven and six, and his 8-year-old brother was
three years old when he oegan to be raved by his nine -year -
old brother who fed on pornography and graduated to live
children.
I treated a young boy in my office who was four years
old. His parents were divorced. He lived with his mother.
He visited his father on week -ends. From the time he was
two, when the child would return home to his mother after
visiting his father, he would cry and be irritable -- and
none of us could figure out why. At age four we learned
that the father of this two -year -old boy had Caen system-
atically raping this child in his home -- m%ny times,
every weekend for two years. The father bought pornographic
magazines. He shared them with his two -year -old child and
then forced this child into anal intercourse. This child's
rectum looked like hamburger meat
I have been told by many children who have been there --
I have never seen this house -- but I have been told that
there is a house in Memphis. It's called a "safe" house.
Children are abducted from our streets and taken to this
house where they are photographed in various sexual poses
with each other. with adults, with men, with women, with
animals. They are photographed and the pictures are dis-
tributed to the various kiddie porn magazines which are
sold throughout this country. And yet, do you know what
I hear when I speak out against pornography? When I
stand and tell these stories to people who are not con-
cerned? Do you know what I hear? I hear from them that
I don't have the right to determine what someone else
watches in their living room. I wouldn't subscribe to
the Playboy channel, but what.right do I have to say that
someone who is willing to pay the money can't subscribe?
I don't have the right to prevent you from watching it if
you'd like -- yet I look at the children who have been
abused and who have been beaten and who have been battered
by those who feed on this pornography. I say that I not
only have the right to prevent this pornography from
spreading in this community, I have a moral obligation.
Let ■e paraphrase for you a story that you're all fa-
miliar with -- Ezekiel. Chapter 3. The Lord is calling
Ezekiel. He says. "Oh. son of man, I have made you a
watchman of the house of Israel. I send you to the House
of Israel with my warning. You must go to them and you
must warn them of their wicked ways. If you refuse to
and the wicked man dies in his sins, then I will hold
you to blame and his blood is on your hands. If you go
and warn him and he refuses to listen, he will die in his
sins buL you are blameless. And if you go and warn him
and he listens, and he repents, then he will come unto
life and you have saved your soul."
Do I have the right to speak out against evil that ex-
ists in this world and in my community and in my neighbor-
hood? As God said to Ezekiel, I must go and you rust go.
If we refuse to go, those of us who have been woken to
and commanded by the Lord, if we refuse to go, the blood
of those innocent children is on our hands.
A little girl was brought into my office not long ago.
She was four years old. She had a torn and lacerated
vagina. She was brought in by the police. It seems her
father, her uncle, and her brothers would buy pornographic
literature and would pass it around among themselves and
would laught and tell dirty jokes -- and finally, when
they were tired of reading and tired of fantasizing. they
.ould take this four -year -old child and they would all
rape her. The child had been taken to another doctor one
year previously, for the same problem. This doctor had
chosen to ignore the signs and the symptoms;--escribed
ointment; and sent a three -year -old girl back into this
situation for another year of torture and fear and pain.
Now who's to blame? The family? Yes. But what about the
one who knew? What about the one who understood and re -
Fused to act because he did not want to get involved? I
suomit that his guilt is great or greater than those who
actually perpetrated this violence on that innocent child.
I ha,e treated two young girls, ages nine and eleven.
Their father purchased sadistic pornographic literature.
One :rcernoon he took the mother and the two daughters
onto his front porch with a pile of sadistic pornographic
literature and he required that they all share in and look
at it. And then he took a gun and he held it to the mo-
ther's head and he proceeded to rape her unmercifully in
front of his two daughters) And when he had finished rapin
hee he calmly pulled the trigger and blew her head off in
front of his daughters. Then he held the gun to their head
and he raped them in the same manner and said to them. "I
will kill you in the same manner if you tell anyone what I
have done." I treated these children for two years before
I could get one word out of either child. They live in ab-
ject terror because of what they had seen and what they
had experienced.
I treated a three -year -old boy who visited his mother on
weekends, and one day, during a check-up after such a visit
I noticed he had large, draining sores on his penis. After
further investigation it turned out that this mother, every
week -end, had been taking her three -year -old son, placing
his penis inside her vagina and bouncing his there several
hours at a time. The child had venereal disease. The ve-
nereal disease we can treat; the scars from the experience
we cannot treat.
Don't tell me I don't have the right - and the don't tell
me that you don't have the right - or the obligation - to
speak out against the criminal spread of pornography in our
midst.
Another thing I hear is, "It'll never work. There are
too many of them - there are too few of us. They're too
big. There's too much money involved. Keep up the good
work, brother, I agree with what you're doing but you're
fighting a losing battle. I mean, why should I turn in my
converter? I enjoy my TV. It's not going to work. They'll
never remove Playboy, they'll never refuse to offer it. Why
should I deprive myself of the shows 1 enjoy? You're fight-
ing a losing battle. Count me out."
Once again let me paraphrase for you a story that you all
know. We'll go to the 12th chapter of Acts. Peter ane
James had been preaching in the streets. Herod had had
James killed; Peter had been thrown into prison and he was
chained between two guards in a dark dungeon. And in the
middle of the night the angel of the Lord appeared to Peter
and he said, "Stand up." And Peter stood up. And when
Peter stood up the chains fell off. And then the angel said:
"Put on your clothes; put on your shoes; put on your coat;
and follow me." Peter did. And he followed the angel out
of the dungeon, out to the iron gate which had no key, and
the iron gate opened to them of its own accord. You see,
I'd like you to notice in this story that God did not do
one thing for Peter that night that Peter could do for him-
self. God could have picked up Peter from that dungeon and
translated him to the home of Mary, the mother of John Mark,
where the church had gathered and was praying for his re-
lease. God could have done that. But He didn't. He said.
"Stand up." And Peter obeyed. And then the chains fell off.
You know, I can almost hear old Peter in that dungeon, if
he had been infected with the defeated attitude that prevails
among many Christians today. I can hear him in that dungeon
when the angel appeared and said, "Stand up." He said, "Oh,
no. I mean, these chains are heavy and I might wake up those
guards on either side. There are two of them and there is
only one of me. And actually, I've gotten fairly comfortable.
down here." No, Peter stood up and the chains fell off.
And the Lord said, "Come. Put on your clothes. Follow me.
Put on your coat." And Peter says, "Now, angel, I don't
think you've thought this through very carefully. I mean,
we have to go through this whole jail and there are guards
everywhere. We have to crawl up those creaky steps - man,
have you heard those steps creak? And once we get out,
don't forget that big iron gate out there. There's no key.
We can't climb that gate! No, I think I'd rather stay here.
Maybe they'll let me live. Maybe they'll just flog me and
let me go. No, I don't think I'll go with you - but thank
you, thanks for trying, thanks for thinking about me."
Instead, Peter got up and followed that angel and he obey-
ed the Lord and he went and when he reached the impossible
gate, the iron gate opened to him of its own accord. You
see, God's call on my life and God's call on your life is to
do the things that are possible and to trust Him with the
things that are impossible.
I am outraged when I as told that I do not have the right
to speak out against pornography in our community. I am out-
raged when I am told that it's a battle we cannot win .
therefore, we must not try. I am outraged when I put my
hands in the wounds of abused battered children who have
been victimized by those who have fed on pornographers'
filth. I am outraged when I sit and hold a beautiful young
girl on ■y lap and she wraps her arms around my neck and
cries, "Why? Why did he hurt me?" I have no answer for
her except that good men and good women and good ministers
iat back and did nothing.
I treated a family who came into my office - they were
brought in by the police. There was a mother and father,
middle twenties. There was a four -year -old boy and a three-
year -old girl. It seems that the mother and father were pro-
A...--- -O L: JJ:- ---- --, .. , I , - --- .:,,- - c—
two years as models. The children were required to strip
naked and to engage in sexual acts with each other. To en-
gage in sexual acts with adults. To engage in sexual acts
with animals. I have seen eight by ten glossy prints pro-
duced by this family with this four year old boy and three
year old girl engaged in sexual intercourse at the sage
time. There was a dog with his hairy penis in the little
girl's mouth and a rooster with the little boy's penis in
his mouth. And at the same time the mother would take cups
of blood and pour it over the children's heads. And, you
know. people buy this filth. There's a market for this.
It's a multi -million dollar busines in our nation today.
And because of this these children have suffered untold har
Now who do you think bears the responsibility for these
children? The mother and father who photographed them?
Yes. They are their responsibility. What about the distri
butors of kiddie porn who take this material and distribute
it? What about those who buy it and feed on it and create
the market? I would say to you that they're all responsibl
But I would also say to you that those of us in this room,
including myself, we are responsible if we choose to not be
come involved in the fight against this filth. If we choos
to allow it to happen and do not raise our voices in orotes
then the blood which flowed down these children's heads.
this blood is on our hands.
God calls us to do the possible. He'll take care of the
impossible. What's possible to us? You're going to hear
this morning long lists of things that are possible to you.
Take note. Take careful note. But I would say to you that
there is one thing that is possible to all of us and I woui
earnestly enlist your support in fervent, groaning prayer
before the Lord God Almighty. We need to fall on our faces
and say, "God, we have sinned in what we have done and .hat
we have failed to do." James tells us that the "effectual,
fervent prayer of a righteous man availeth much," and when
we reach out and touch the hem of His garment, then God wil
answer us. We must reach out and claim his proiises. God
has said, "If my people ... will humble t'emseives 3r�- craw
if they will seeK my face, and if they will t--n t^eir
wicked ways, then I, I the Lord. will hear their pr3,er in
Heaven, I will forgive their sins and I will heal their
land."
This is our possibility, friends. We have to re3cn out
and touch and claim the power of Almighty God for the clear
sing and the healing of our land. You see, I'm a doctor.
I can suture lacerations, I can put band -aids on .our,s, 1
can put ointments, I can give antibiotics. But I ,;:riot
heal the damage that has been done to these chilirer .ho
have been abused by those who feed on oornogr3Civ. I can-
not erase the hurt and the bewilderment inn tie " 3r^cm
the eyes of those who have been affected by cor-_;-3c^y as
it exists today. And yet, the purveyors of ;cr%-r3chy war
to bring it into my living room and into your livin; room
and into the living room of anyone who wants to plunk down
a few dollars and feed on sickness and disease and decay.
I can't treat the effects - I can't treat thse children whc
have been abased. The damage is done.
I'm reminded of the disease of polio, which we fought fc
so many years. A child who has polio and comes to me with
a withered limb, it has lost its function. Perhaps physi-
cal therapy will help a little, perhaps it won't. I can't
treat the effects of polio - but polio has effectively beer
conquered in our nation. How? Through a vaccine, and now,
we prevent it. Polio can be treated by prevention - not by
treatment of its effects. Pornography? I cannot treat thf
effects of the pornographers on children. They will wear
these handicaps for the rest of their lives. But pornogra-
phy can be prevented. It can be prevented, and it can be
stopped if we can enlist the help of good people throughout
this land who are willing to stand up and be counted in thi
effort. Please, please, join us and help stop the spread
of this filth in our land. Please, help us protect the
innocent children. Please.
Morality in Nledia
of Colorado
P.Q Bo: 3181E
2