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</A> -Cui Bono?-

UTAH LAW WILL CREATE FIRST `PORNOGRAPHY CZAR' IN NATION

By MICHAEL JANOFSKY
c.2000 N.Y. Times News Service


SALT LAKE CITY - Taking aim at the easy accessibility of sexually explicit
material in Utah, Gov. Michael O. Leavitt plans to sign into law Friday a
measure that will give Utah the nation's first pornography czar.

Leavitt conceded that the new obscenity and pornography complaints ombudsman,
a deputy state attorney general, would have no power over the biggest sources
of sexual content - the Internet and cable television.

But in a state where the Mormon Church and its socially conservative views
influence almost all aspects of life, Leavitt said the law would "codify our
highest moral aspirations" by adding state powers to community efforts in
fighting what some residents regard as offensive.

Passage of the bill in February was nearly unanimous in both Republican-led
chambers of the legislature, and it came just two days after publication of a
book by Gordon B. Hinckley, president and prophet of the Church of Jesus
Christ of Latter-day Saints, that urges followers to lead a more moral life
and denounced what Hinckley perceived as a surge in pornography.

"If a state legislature is looking for a way to improve the world, this is
not an illogical way to strike a blow," said Leavitt, a Republican, in an
interview. "Time will tell if it's a good use of state money. But to me,
there is no harm in trying."

The sponsor of the legislation, state Rep. Evan L. Olsen, a Republican, said
he did not believe pornography was a greater problem in Utah than elsewhere.
This assessment is shared by officials in the Utah attorney general's office
and supported by Justice Department statistics that showed that rates of all
crimes had fallen steadily across the country in recent years, including in
Utah's largest cities.

Wayne Giampietro, a past president and now general counsel to the First
Amendment Lawyers Association, a national organization, said proliferation of
sexually explicit material on the Internet had stimulated new interest in
regulatory actions around the country, like more restrictive zoning laws for
businesses that offer pornographic products.

"But I haven't seen any uptick in criminal prosecutions," Giampietro said.

Nonetheless, Olsen's measure creates a position in the attorney general's
office that state officials routinely call the "pornography czar." The
responsibilities will include advising municipal governments about obscenity
law, helping tailor ordinances to suit local tastes as the U.S. Supreme Court
has allowed, arbitrating problems when possible and prosecuting violations
when necessary. Other states prosecute the same crimes, but not necessarily
by one person.

The legislature has set aside $75,000 to cover salary and expenses in the
first year, which begins in January, and will allow the budget to double the
year after.

Yet with no legal authority to take on cable television and the Internet, the
law is largely symbolic, said some legal experts in Utah, including Carol
Gnade, director of the Utah chapter of the American Civil Liberties Union.
They also contend that it wastes taxpayer money in that there is no
demonstrable need for the job.

But Olsen insisted that many Utah communities wrestle with how to apply local
obscenity laws and often need advice on how to prosecute violators. He also
said he had been convinced by events in recent years reflecting public
discomfort with sexual material and activities in Utah that the recent
legislative session was "the right time and the right place to get something
done."

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