FAQ: Displaying Pornography
Public Act 192 of 2003

What does Public Act 192 of 2003 do?
Public Act 192 of 2003 requires pornography to be displayed in a restricted area.

Why is this law needed?
Some stores, such as party stores and gas stations, have hardcore pornography openly displayed. Michigan law clearly prohibits the dissemination of this material to minors but until PA 192 took effect, it was very vague on how that material could be displayed. This new law clearly defines display. Pornography is a unique product since it is essentially "consumed" when it is viewed. It makes little sense to prohibit stores from selling the material but then allow them to display it where minors can easily "consume" it while openly displayed.

How is "restricted area" defined?
A restricted area is one of the following: An area where the lower 2/3 of the material is covered; A building or room that prohibits entry by minors; An area enclosed by dividers that prevents minors from viewing materials within the enclosed area and that is clearly marked at the point of entry as restricted to adults only.

Are romance novels, sex education books or risqué magazines such as the Sports Illustrated swimsuit edition included in the law?
No. The law only applies to "sexually explicit visual material that visually depicts sexual intercourse or sadomasochistic abuse and is harmful to minors." While it is possible that a sex education book may depict sexual intercourse, it is highly unlikely that this material could be construed as "harmful to minors" as defined by Michigan law.

What does "harmful to minors" mean?
"Harmful to minors" is a phrase found in virtually every state’s obscenity laws. This phrase is the key to determining whether sexually explicit material is legitimately protected by the First Amendment or whether it is obscene and not protected by the Constitution. Material is "harmful to minors" if it fails three tests that the United States Supreme Court established.
i. Considered as a whole, does the material appeal to the prurient interest of minors as determined by contemporary local community standards? (Local community means the county in which the matter was displayed.)
ii. Is the material patently offensive to contemporary local community standards of adults as to what is suitable for minors?
iii. Considered as a whole, does the material lack serious literary, artistic, political, educational, and scientific value for minors?

What does "prurient interest" mean?
"Prurient interest" means a lustful interest in sexual stimulation or gratification.

Bottom line, what are we talking about here?
This law clearly requires stores to display hardcore pornography in a restricted area.

Does it include movies?
The law’s definition of visual material includes pictures, photographs, drawings, sculptures and motion pictures.

Isn’t this material protected by the First Amendment?
Again, the Supreme Court has repeatedly ruled that hardcore pornography that fails all three tests is not protected by the First Amendment.

What are the penalties for violators?
A person who illegally displays obscenity may be fined up to $5,000 and/or sent to jail for up to 93 days.

What is the status of the law?
The law took effect on January 1, 2004. However, a lawsuit to declare it unconstitutional is currently pending in U.S. District Court in Detroit.

Who supports and opposes this law?
The law passed by a vote of 105-0 in the Michigan House of Representatives and 37-0 in the Senate. Governor Granholm expressed strong support for the legislation and signed it into law on November 5, 2003. In committee hearings, Michigan Catholic Conference and Citizens for Traditional Values supported the legislation. The American Civil Liberties Union opposed the legislation.

Who filed the lawsuit against this PA 192?
Several bookstores and associations filed the lawsuit. They include Athena Book Shop (Kalamazoo), Books & More of Albion, Lowry’s Books (Three Rivers), Nicola’s Books Little Professor (Ann Arbor), Schuler Books Inc., and Shaman Drum Book (Ann Arbor). The Great Lakes Booksellers Association (Grand Haven) is also a plaintiff in the suit as are several national bookseller associations.

What can I do if a store violates the law?
Get a copy of Public Act 192 of 2003 and give it to any establishment that is improperly displaying pornographic material. You can download a copy of the law at www.michigan legislature.org. If the store does not take proper action, you should contact your county prosecuting attorney and give him the name and address of the store illegally displaying pornography. Finally, you can contact any of the plaintiffs listed above and encourage them to be good corporate citizens and support local community standards of decency.