Smut Bill Vote Postponed
No Author
April 25, 1961
The state senate Monday began consideration of an anti-smut bill, but postponed a vote in order to have amendments printed,
The anti-smut bill makes it a misdemeanor to publish, distribute or posses any obscene material. A second offense would be a felony. Obscene literature is defined as “any literature which if, considered as a whole, its predominant appeal is prurient interests, I.E. ashameful or morbid interest in nudity, sex or excretion and if it goes substantially beyond customary limits of candor in description or representation of such matter.”
Major arguments came over an amendment by Sen. Robert Breeden, Cleveland, chairman of a subcommittee of the general investigating committee.
The amendment directs the county attorney to investigate and file court action to enjoin distribution of obscene material. It provides the attorney general shall take action if the county attorney fails to enforce the law.
Stricken from the Breededn amendment was a definition of obscene literature and a section exempting all governmental matters, all legal newspapers and all material used in recognized religious, scientific or educaitonal institutions. The Breeden Amendment was finally adopted after the sections were stricken.
Sen. Cleeta John Rogers, Oklahoma City, charged the Breeden definition of obscene literature would put loopholes in the law. Sen. Boyd Cowden, Chandler, saw it would make it impossible for county attorneys to get a conviction.
“He would have to prove what somebody thought when he read the material,” Cowden said.
The Breeden defnition of obscene literature provides the following criteria shall be considered: “The general dominant theme; the evident degree of sincerity or purposes; the literary or scientific worth; the channels of distribution employed; contemporary attitudes of reasonable men toward such matters; typers of readers who may reasonable be expected to peruse the publication; evidence or lack of evidence of pronographic intent; the impression” created in the mind of the reader or viewer upon reading or viewing the work as a whole.”
Breeden said the definition was taken from the Georgia law which has been upheld by the United States Supreme Court.