Less than six hours before the Senate Judiciary Committee's Subcommittee on Constitution, Civil Rights and Property Rights was due to convene a hearing titled "Obscenity Prosecution of the First Amendment," the hearing was abruptly cancelled for "logistical reasons," according to a staffer in the office of Senator Sam Brownback (R-Kan.), who was scheduled to preside.
"We intend to reschedule as soon as possible," the staffer said.
The cancellation comes less than 48 hours after both the Free Speech Coalition (FSC) and the newly-formed Adult Freedom Foundation (AFF) sent out press releases noting that the invitation-only hearing would include only three law professors as witnesses, at least two of whom have voiced strong conservative opinions regarding sexual and other free speech issues.
“It’s strange that the very industry most affected by this hearing is without a voice at the table,” said Paul Cambria, AFF general counsel.
The Free Speech Coalition attempted to arrange for First Amendment attorneys with hands-on knowledge of the adult industry to testify at the hearing as well, but FSC Executive Director Michelle Freridge was unable to sway anyone on the subcommittee to provide time for the adult attorneys to speak.
Independently, Cambria also tried to secure a place on the subcommittee's agenda, and after notification of the cancellation, wrote to Sen. Brownback renewing the request.
"Now with an open time frame, AFF respectfully requests you allow us to provide witnesses who will testify on First Amendment issues of vital interest to the Adult Entertainment Industry," Cambria wrote.
Some have speculated that either the FSC and AFF press releases or the story about the hearing that appeared on AVN.com Monday may have influenced Sen. Brownback's office to reconsider its plans for the partisan hearing.
Another possibility is that the subcommittee felt that the hearing might steal thunder from the Department of Justice's announcement, that same day, that it had decided to appeal Judge Gary Lancaster's decision in United States v. Extreme Associates – newly-appointed Attorney General Alberto R. Gonzales' first official action against the adult industry since he took office. (See related story here. http://www.avn.com/index.php?Primary_Navigation=Articles&Action=View_Article&Content_ID=216780)
"The Department of Justice places a premium on the First Amendment right to free speech, but certain activities do not fall within those protections, such as selling or distributing obscene materials," Gonzales said in an official Justice Department press release. "The Department of Justice remains strongly committed to the investigation and prosecution of adult obscenity cases."
Yet another possibility is that various senators on the subcommittee needed to get ready for the 2005 Conservative Political Action Conference (CPAC), which begins today at the Ronald Reagan Building and International Trade Center in downtown Washington, D.C. Scheduled speakers at CPAC include Sen. Brownback, who co-authored an op-ed piece (with Sen. Orrin Hatch) in the Feb. 10 Washington Times decrying the decision throwing out the indictments in the Extreme Associates case. Also on the CPAC agenda are Tom Coburn (R-Okla.) and John Cornyn (R-Tex.), all of whom are listed as members of the subcommittee.
Because of the postponement, the FSC and Cambria will again attempt to offer witnesses who would provide more balance for the topic under discussion.
Keep watching AVN.com for future developments.
