Mrs. GRANAHAN. Thank you very much.

Mr. Cunningham?

Mr. CUNNINGHAM. I have no questions.

Reverend Martin, I want to say that we appreciate the work that you are doing and it is very helpful to this whole problem.

Mrs. GRANAHAN. Mr. Wallhauser.

Mr. WALLHAUSER. I congratulate you, too. It probably is unnecessary, but number 9 could well be in the recommendation, "See that your child continues to receive a good religious education."

Mr. MARTIN. Yes, of course. This is a part of the report and the other portion of the report bears such inference.

Mr. WALLHAUSER. I would assume so, I am sure.

Mr. MARTIN. Thank you.

Mrs. GRANAHAN. Thank you.

Our next witness is Mr. T. G. Driscoll, assistant director, Council of State Governments, Washington, D.C.

STATEMENT OF THEODORE G. DRISCOLL, ASSISTANT DIRECTOR, COUNCIL OF STATE GOVERNMENTS, WASHINGTON, D.C.

Mr. DRISCOLL. Madam Chairman and members of the subcommittee, my name is Theodore G. Driscoll. I am assistant director of the Council of State Governments and I am present at the request of the chairman of the subcommittee, to submit for the record a statement on the activities of the council and its committee of State officials on suggested State legislation regarding comic books.

The council's Committee on Suggested State Legislation, composed entirely of State officials, began to function in 1940 for the purpose of formulating draft bills, statements, and recommendations relating to a wide variety of matters which are of interest to the States. These proposals are presented to the States by the council through an annual publication, Suggested State Legislation.

The quickest way for me to give you the background of the committee's work on the subject of the publication and distribution of comic books is to read the following explanatory statement on the suggested State legislation which appears on page 105 of Suggested State Legislation-Program for 1957:

During the 1955 State legislative sessions throughout the country there was very considerable agitation in a number of States for more stringent regulation of the sale of "comic books" to minors. Bills were introduced for this purpose in most of the legislatures and there were enactments in many States. Special study committees were also created to study the problem in a number of jurisdictions. There is no doubt that many so called comic books are filled with materials which should not be available at the nearest newsstand for consumption by youngsters. The problem, however, is fraught with difficulty since censorship is distasteful to the American people. Moreover, ill-considered regulation of publications of any kind moves very close to an unconstitutional invasion of freedom of the press.

In preparing the attached suggested legislation, care was given to avoidance of any type of advance censorship by public officials. Rather, an effort was made to develop tools which might be utilized by law enforcement officials and the courts in keeping clearly undesirable articles from the hands and eyes of children under 18 years of age. It is felt that legislation of this nature, coupled with adequate self-regulation by the publishing industry, will be sufficient to protect the public interest without infringing upon the important basic freedoms of our system of government.

Section 1 of the suggested [State] legislation contains a declaration of legislative findings, felt to be essential for proper court interpreation of this type of enactment. Section 2 makes it an outright offense to publish or distribute for resale any "comic book" whose contents are made up of terror, violence, crime, and the like. Section 3 outlaws the sale to children of such publications. This section also (1) makes display of such articles presumptive evidence of intent to sell, (2) makes possession of six or more articles of this type presumptive evidence of a violation, and (3) provides appropriate penalties. Section 4 prohibits tie-in sales whereby a retailer is forced to take objectionable publications in order to receive his regular supply of desirable publications. Section 5 endows jurisdiction on an appropriate State court, upon the maintenance of an action by a local official, to enjoin the publication, distribution or sale of articles prohibited by the act.

The Committee on Suggested State Legislation does not necessarily suggest that States should enact this type of legislation; in fact, the committee is convinced that private, self-censorship by the publishing industry should be the major first step in cleaning up objectionable reading matter for minors. However, if it is determined by a State that such voluntary action is not sufficient, and if such State is considering appropriate remedial legislation, the following may perhaps serve as a useful guide.

I will not take the subcommittee's time to read the text of the suggested State legislation, but it will be found on pages 105-107 of Suggested State Legislation-Program for 1957, copies of which are submitted with this statement.

According to our records dated March 1958, the following States had enacted legislation on this subject prior to 1957: Connecticut, Georgia, Nevada, North Dakota, Ohio, Oklahoma, Oregon, Rhode Island, Vermont, and Washington.

In the 1957 legislative sessions the following States enacted the suggested act or one similar to it: Maine, Michigan, Pennsylvania, and Wisconsin.

We hope this statement will be of help to you in your deliberations on obscene literature, and the Council of State Governments appreciates the opportunity of filing it for the record.

Mrs. GRANAHAN. Thank you, Mr. Driscoll. I think it will be very beneficial to us when we are writing up our report which will include suggestions for State laws to help combat the obscene literature racket.

Thank you very much.

Mr. CUNNINGHAM. I just wanted to make the request that this section wherein you make your specific recommendations to the States as to what they may do be included in the record.

Mr. DRISCOLL. I did not take the time of the subcommittee, sir, to read the legislation. The legislation is in this book and it may be put into the record. It is a public document and we are delighted to have it in the record.

(The document referred to follows:)

SUGGESTED STATE LEGISLATION-PROGRAM FOR 1957

COMIC BOOKS

During the 1955 legislative sessions throughout the country there was very considerable agitation in a number of States for more stringent regulation of the sale of "comic books" to minors. Bills were introduced for this purpose in most of the legislatures and there were enactments in many States. Special study committees were also created to study the problem in a number of jurisdictions. There is no doubt that many so-called comic books are filled with materials which should not be available at the nearest newsstand for consump

tion by youngsters. The problem, however, is fraught with difficulty since censorship is distasteful to the American people. Moreover, ill-considered regulation of publications of any kind moves very close to an unconstitutional invision of freedom of the press.

In preparing the attached suggested legislation, care was given to avoidance of any type of advance censorship by public officials. Rather, an effort was made to develop tools which might be utilized by law enforcement officials and the courts in keeping clearly undesirable articles from the hands and eyes of children under 18 years of age. It is felt that legislation of this nature, coupled with adequate self-regulation by the publishing industry, will be sufficient to protect the public interest without infringing upon the important basic freedoms of our system of government.

Section 1 of the suggested legislation contains a declaration of legislative findings, felt to be essential for proper court interpretation of this type of enactment. Section 2 makes it an outright offense to publish or distribute for resale any "comic book" whose contents are made up of terror, violence, crime and the like. Section 3 outlaws the sale to children of such publications. This section also (1) makes display of such articles presumptive evidence of intent to sell, (2) makes possession of six or more articles of this type presumptive evidence of a violation, and (3) provides appropriate penalties. Section 4 prohibits "tie-in sales" whereby a retailer is forced to take objectionable publications in order to receive his regular supply of desirable publications. Section 5 endows jurisdiction on an appropriate State court, upon the maintenance of an action by a local official, to enjoin the publication, distribution, or sale of articles prohibited by the act.

The Committee on Suggested State Legislation does not necessarily suggest that States should enact this type of legislation; in fact, the committee is convinced that private, self-censorship by the publishing industry should be the major first step in cleaning up objectionable reading matter for minors. However, if it is determined by a State that such voluntary action is not sufficient, and if such State is considering appropriate remedial legislation, the following may perhaps serve as a useful guide.

Suggested legislation

[Title should conform to State requirements.]

(Be it enacted, etc.)

SECTION 1. [It is hereby declared to be the policy of the legislature to restrain the publication of publications, and to restrain the sale and distribution to minors of publications, specifically including but not limited to comic books, which are devoted to crime, terror, physical violence, or flagrant flouting of sex. It is found that such publications are a contributing factor to juvenile crime and a basic factor in impairing the ethical and moral development of our youth.]

1

SEC. 2. No person, firm, or corporation shall publish or distribute for resale any book, pamphlet, magazine, or other printed paper consisting of narrative material in pictorial form, colored or uncolored, and commonly known as comic books, the content of which is devoted to or principally made up of pictures or accounts of methods of crime, terror, physical violence, or flagrant flouting of sex. Whoever violates any provision of this section shall be fined not more than [$1,000] or imprisoned not more than [1 year] or both. This section shall not be construed to apply to those pictures or factual accounts of crime, terror, physical violence, or flagrant flouting of sex which are part of the ordinary and general dissemination of news, nor to legitimate historical accounts of crime or crimes.

2

SEC. 3. (a) No person, firm or corporation shall [knowingly] sell, lend, give away, show, advertise for sale, or distribute commercially to any person under the age of 18 years or have in his possession with intent to sell, lend, give away, show, advertise for sale, distribute commercially or otherwise offer to any person under the age of 18 years any publication as described in section 2 hereof. (b) [For the purposes of this section "knowingly" shall mean having knowledge of the character and content of the publication or failure to exercise

1 Some States may wish to eliminate a special section on policy declaration and findings; others may find it desirable to augment or change considerably the language shown here. This is a matter for determination by the individual enacting State.

2 Those States that use the word "knowingly" should define the word in a manner that would avoid placing unusual obstacles in the way of successful prosecution. Please refer to section 3(b) as an example.

reasonable inspection which would disclose the content and character of the same.]

(c) If any publication as described in section 2 hereof is displayed at any newsstand, bookstore, drugstore, market or other mercantile establishment where such publication may be seen by any person under the age of 18 years, such display shall be presumptive evidence that the person owning or in charge of such establishment was exhibiting the same and intended to sell, offer for sale, display for sale or distribute the same commercially to persons under the age of 18 years in violation of subsection (a) of this section.

(d) The possession by any person, firm, or corporation of [six or more] identical or similar articles coming within the provisions of subsection (a) of this section shall be presumptive evidence of a violation of this section.

(e) Whoever violates any provision of this section shall be fined not more than [$500] or imprisoned not more than [6 months] or both. If more than one article prohibited under subsection (a) of this section is sold, given away, advertised for sale or distributed commercially in violation of the provisions of this section by the same person, each such sale, gift, advertisement or distribution shall constitute a separate offense.

SEC. 4. No person, firm, or corporation shall, as a condition to a sale or delivery for resale of any book, paper, magazine, periodical, or other publication require that the purchaser or consignee receive for resale any article the publishing, sale, or distribution of which is prohibited by this act. Whoever violates any provision of this section shall be fined not more than [$500] or imprisoned not more than [6 months] or both.

SEC. 5. The [designate appropriate State court] shall have jurisdiction to enjoin the publication, distribution or sale of articles prohibited by this act pursuant to an action maintained by the [chief executive officer or legal officer] of any political subdivision of this State. The person, firm or corporation sought to be enjoined shall be entitled to a trial of the issues within one day after joinder of issue and a decision shall be rendered by the court within two days of the conclusion of the trial. In the event that a final order of injunction is entered in favor of such political subdivision and against the person, firm or corporation sought to be enjoined, such final order shall contain a provision directing the person, firm or corporation to surrender to [the county sheriff] any of the articles prohibited by this act and such [sheriff] shall be directed to seize and destroy the same.

SEC. 6. [Insert severability clause.]

SEC. 7. [Insert effective date.]

PROHIBITION OF CERTAIN DANGEROUS KNIVES

On the basis of official reports about the large number of homicides and stabbings committed with a certain dangerous type of knife, several States and cities have been considering regulation of the manufacture, possession, and disposition of such knife.

The type of knife under consideration is known as switchblade, automatic, push-button, spring-blade, snap, swing-back, etc. Its peculiarity is a springbutton in the handle to be operated with one hand and permitting instantaneous It is handy and easily hidden and, therefore, especially suitable for surprise' attacks. In the hands of alcoholics and psychopaths, according to pyschiatrists, it spells acute danger.

use.

Equally dangerous is the type of knife in possession of juveniles to whom, partly due to its glamorization, it appears to be exceptionally attractive. Capt. David Kerr of the Cleveland homicide detail reports that "Last year we had 169 stabbings, 140 of them with switchblade knives. During the same period switchblades were responsible for one fourth of our homicides. Half of our killers were under 23." (J. H. Pollack, "The Toy that Kills," 77 Woman's Home Companion, 38 (Nov. 1950).)

It may be granted that such a knife may not be without use to the police and military, as well as for hunting, trapping, and fishing. Its usefulness, however, is a convenience and not a necessity. Once it is produced there is danger of abuse by those not authorized. Prohibiting of its manufacturing would strike at the root of the danger.

Sec

Section 1 prohibits the manufacturing, possession, and disposition of such knives. Section 2 orders the surrender of all such knives in existence. tion 3 contains penalty provisions. Section 4 defines the effective date.

39828-59-7

Suggested legislation

[Title should conform to State requirements.]

(Be it enacted, etc.)

SECTION 1. It is unlawful for any person, firm, or corporation to manufacture, or cause to manufacture, possess, display, offer, sell, lend, give away, or purchase any knife which has a blade which opens automatically by hand pressure applied to a button, spring or other device in the handle of the knife.

SEC. 2. Within 30 days after the effective date of this law such knives are to be surrendered to [insert police or any other authority to be entitled to receive the surrender].

SEC. 3. Violation of this section shall, upon conviction, be a misdemeanor punishable by a fine of [$500] or by imprisonment not to exceed [90] days, or both.

SEC. 4. [Insert effective date.]

Mr. CUNNINGHAM. Thank you, sir.

Mr. WALLHAUSER. Madam Chairman, I think this has been very constructive and I certainly appreciate the gentleman taking the time to come.

Mr. DRISCOLL. Thank you very much, sir.

If Madam Chairman wishes any more of these books, although they are 2 years old, we still have some available if they would be of use to the committee.

Mrs. GRANAHAN. Thank you very much.

Dr. Mazique and Dr. Johnson have medical appointments and I wonder if the gentlemen who are next in order to testify would permit them to testify first? They just have short statements.

Dr. Mazique, president-elect of the National Medical Association. STATEMENT OF EDWARD C. MAZIQUE, M.D., PRESIDENT-ELECT, NATIONAL MEDICAL ASSOCIATION, INC., WASHINGTON, D.C.

Dr. MAZIQUE. Madam Chairman and members of the subcommittee, it is a great privilege to appear before you today in support of stronger legislation against the exploitation of the post office by the traffickers in pornography.

I was made aware that these hearings were going to take place and ample time was afforded to contact the National Medical Association, and the report that follows represents the feelings of the National Medical Association.

I shall attempt to show you the medical implications of pornographic literature in the report that will follow.

As president-elect of the National Medical Association, an organization representing Negro physicians throughout the United States, and as a local practicing physician, I can personally attest to the urgency for official action-national and local-that obscene literature as a causative factor in the growing decline of the general wellbeing may be completely and permanently eliminated. For the operation of pornographic materials sets off a chain reaction of anxieties, prostitution, sadism, and sex violations leading naturally and ultimately to widespread mental illnesses, serious crimes, and social deterioration, the total effect of which negates the recent accomplishments in physical medicine and the contribution of the physician in improving the health of this Nation.

There is such a rising incidence of mental illness that more beds are presently occupied by the mentally ill than all other patients