'Drive-by porn' bill taken up by House

Should Tennessee pass a law prohibiting the playing of pornographic videos and DVDs in moving vehicles?

By HOLLY EDWARDS April 5, 2004
Staff Writer for Tennessean.com


Measure to ban obscene films in cars too broad, critics say

Kevin Hipp of Nashville has a DVD player in his car and entertains his two kids with titles such as Teletubbies, The Wiggles and The Little Mermaid.

While he said he doesn't care what people watch in private, Hipp wouldn't want his kids to look into a passing vehicle and see a movie such as Debbie Does Dallas.

''I use it to keep the kids entertained on long trips or when they're really freaking out, but I wouldn't want my kids to look over and see an obscene movie in someone else's car,'' he said.

Perpetrators of what one state senator calls ''drive-by porn'' may soon face criminal charges and a $50 fine under a bill scheduled to be heard this week by a state House subcommittee.

Tennessee would become the first state in the country to ban the viewing of obscene movies in cars if the House passes the bill, which was approved by the Senate last year.

Sen. Mark Norris, R-Collierville, sponsor of the Senate bill, said viewing obscene DVDs in cars effectively turns a vehicle into a ''rolling projection booth'' for pornography.

State law already prohibits the public display of obscene or patently offensive materials, and the new law would simply address a new form of public display, he said.

''Given the state of technology and people's interests these days, we felt like we needed a law to target this,'' Norris said. ''It's up to you what you do in the privacy of your home or vehicle but don't expose the people around you to it.''

But critics of the proposed bill say it has First Amendment problems because it does not clearly define ''obscene'' or ''patently offensive,'' the terms used in the bill.

Although obscenity is not protected by the First Amendment, patently offensive material, including pornography, is, said Hedy Weinberg, executive director of the American Civil Liberties Union of Tennessee.

The Motion Picture Association of America also has complained about the wording of the bill, saying that prohibiting the viewing of offensive material is unconstitutional.

''Theoretically, someone could say The Passion of The Christ is patently offensive,'' said Tony Thompson, a Nashville attorney and lobbyist for the Motion Picture Association of America.

''The movie companies I represent don't make obscene movies, and we're all for banning obscene movies in cars. But using the term 'patently offensive' could have unintended consequences.''

In response to these complaints, Norris said he has agreed to an amendment that would limit the bill's scope to obscene materials only. And he said he believes pornography fits the state's definition of obscenity.

State code defines obscenity as anything that appeals to the prurient interest, depicts sexual conduct in an offensive way, and lacks artistic, political, or scientific value.

But Weinberg said the bill would be difficult to enforce and would be subject to interpretation by law enforcement officials trying to decide what is obscene or offensive.

''What one person considers offensive may be fine to someone else,'' she said. ''Does law enforcement really want to go chasing down what people are watching in their cars? It seems like they have much more serious work to do.''

She said prohibiting people from watching pornographic movies in their cars would be like outlawing reading pornographic magazines in public.

''If I'm sitting on a bus and someone next to me is reading Playboy and I'm offended, should I pass a law against reading Playboy in public, or should I get up and sit somewhere else?'' Weinberg said. ''The language in this bill is far too broad, and it creates problems not only for the people watching DVDs in their cars, but for the law enforcement officers trying to enforce it.''

Norris, the bill's sponsor, agreed that there are many other serious issues facing the state, but said he felt the need to address the problem after hearing several complaints about it.

A constituent in West Tennessee called him last year to complain about seeing a pornographic movie in a passing car, he said. Since then, he said he has heard other complaints about obscene movies in cars, a trend he calls ''drive-by porn.''

As more people are outfitting their cars with DVD players, the issue of viewing pornographic movies in cars is gaining attention nationwide.

Last month a man in Schenectady, N.Y., was arrested for publicly displaying offensive material after police saw him viewing an adult movie titled Chocolate Foam in his sport utility vehicle. And in Flint, Mich., the City Council is considering a measure that would impose a $500 fine on drivers who play pornographic movies in their cars.

''I don't expect to see a rash of fines, but it sends a message that this behavior is wrong,'' Norris said.

''Sometimes we have to address the smaller issues while we're addressing the larger ones.''

What's next

A bill approved by the state Senate last year outlawing the viewing of obscene movies in cars is scheduled to be heard by the state House subcommittee on civil procedure and practice this week.