The Siege of Adam and Eve

Government vs. Erotica: The Siege of Adam and Eve

by Philip D. Harvey. Published by Prometheus Books

Should the government have the power to regulate private sexual conduct - and if so, how far should that power reach? Why would the government even be interested in regulating such conduct - what would be the purpose, and what would be the consequences?

Unfortunately, the purpose and consequences are not entirely hypothetical, because most governments do get involved with regulating private sexual conduct and expression. A recent book by Philip D. Harvey helps us understand how to deal with such questions, but not from the traditionally academic or journalistic standpoint. Harvey's book is very much a memoir of his own personal experience with governmental power and the abuse of that power.

In 1970, Harvey founded Adam & Eve, a mail-order business selling condoms around the country - this was part of a thesis project while he was working on his master's degree in family planning administration. It worked so well that he continued with the business full-time, adding books about contraception, and then about sex, and then erotic magazines, and later video tapes. Over time he has provided a lot of money from this business to a variety of charities dealing with sexual, health, and population issues (including a couple which he founded himself). He explains in the book that he liked to think of his efforts as being like

...a Robin Hood business selling contraceptives and sexual accoutrements to the relatively wealthy citizens of the United States in order to generate funds to subsidize the sale of contraceptives in poor countries

Then came the Reagan administration and Attorney General Edwin Meese. Under his direction, the federal government moved actively against anyone selling erotic material, based upon the premise that all such material is harmful (regardless of what actual scientific studies have shown). Harvey was caught up in this sweep of "pornographers," and his business was raided in 1986. Several similar business rolled over because they lacked the resources to fight, but not Harvey.

We all would be a bit poorer if he had voluntarily surrendered his civil liberties, and we are all better off because of the struggle which he endured for many years. The only jury trial he ever faced resulted in an acquittal, because even that conservative jury found that he was not dealing in obscene material. Undaunted, the government pursued an unethical strategy of having people like Harvey indicted in multiple jurisdictions by multiple federal prosecutors, all in the hopes of intimidating them into a guilty plea. Remember, none of the businesses pursued in these efforts were ever found by a jury to have been selling anything obscene.

But once again, Harvey refused to back down. In doing so, he demonstrated the importance of an independent judiciary. The justice department didn't care about people's civil rights - the only thing which was important was stamping out sex. Only the intervention of sane judges stopped them, and even then it was only because of Harvey's activism. Rights and liberties do not exist or thrive on their own. Instead, they require active participation and effort.

Another important issue which is revealed in Harvey's story is one which is sometimes lost in other discussions on this topic. When a single right, like free speech, is ignored or restricted by the government, there will almost invariably follow infringements upon other liberties. This is because none of our rights stands completely alone: they are all interconnected aspects of what being a free citizen means. In Harvey's case, his Fourth Amendment rights to be free from "unreasonable search and seizure" and his Sixth Amendment rights to have assistance of counsel were both infringed upon when he was raided.

Much of the book takes the form of the story of his odyssey through the legal quagmire created by the government - and very often it can be a gripping read as he describes how he agonized over various decisions and strategies. Interspersed thought this are different chapters exploring his libertarian philosophies, his opinions on government, the relationship between religion and sex, and much more. One interesting topic is the relationship between sex and civilization - why do governments feel the need to repress sexual expression?

The fear of uncontrolled sexuality ...is reflected in the pronouncements and actions of our policy makers and legislators. It appears to be based on the conviction that we all must be "controlled" to some degree in our private as well as our public conduct in order that the glue that holds civilized society together not disintegrate. Many such people feel that, if Americans are permitted to revel in "excess," even in the privacy of their own bedrooms, society will somehow suffer.

An even more interesting topic, and one which might merit its own book, is the influence of class distinctions and class bigotry. Harvey makes a very good case for the idea that anti-pornography laws are aimed primarily against "lower class" forms of sexual expression, leaving "higher class" forms untouched. This is not a coincidence, and Harvey is also able to show how many conservative critics of the "coarseness" of American culture don't mind graphic portrayals of sex and/or violence when in the context of "art" they like:

Supreme Court Justice David Souter has provided us with a relevant example of the class or "taste" component in the acceptability of differing forms of entertainment. While concurring in the Court's decision to uphold an Indiana ban on nude dancing, Justice Souter pointed out that he would not likely support any law banning nudity in a production of "Equus," or "Hair," or other forms of "higher" entertainment, i.e., the sort of entertainment that a Supreme Court Justice himself might choose to enjoy. In other words, nude dancing in an acclaimed opera where the audience pays $75 per seat will always be protected, while nude dancing on a platform in a bar filled with blue-shirted working men will often be outlawed. Such views by Court justices are especially dangerous because the Supreme Court represents the last bulwark against those who would censor free expression.

It would be a mistake, however, to think that class alone can explain questions about why pornography is considered by some to be such a problem. Harvey does not, for example, mention that "high class" works of art like Hair have indeed been a target for censorship in some places. For some, class simply isn't an issue - sex itself is the issue, and that is another fact which he takes the time to investigate.

This is a worthwhile book for a number of reasons: it offers a personal perspective to the anti-pornography and anti-sex laws, it demonstrates how personal efforts and personal courage are required to maintain liberty, and it explores the reasons why sex and sexuality seem to be so feared by those in power.