Questions and Answers about Colorado's Amendment 16

WHAT DOES THE AMENDMENT SAY?

On November 8, 1994, Colorado voters will see the following
question on the ballot:

AMENDMENT 16

SHALL THERE BE AN AMENDMENT TO THE COLORADO CONSTITUTION STATING
THAT THE STATE AND ANY CITY, TOWN, CITY AND COUNTY, OR COUNTY
MAY CONTROL THE PROMOTION OF OBSCENITY TO THE FULL EXTENT
PERMITTED BY THE FIRST AMENDMENT TO THE U.S. CONSTITUTION, AND
THEREBY PREVENTING THE COLORADO COURTS FROM INTERPRETING THE
RIGHT OF FREE EXPRESSION MORE BROADLY THAN UNDER THE FIRST
AMENDMENT OF THE UNITED STATES CONSTITUTION IN THE AREA OF
OBSCENITY? 

WHO PUT THIS ON THE BALLOT?

A group called the Coalition Helping to Insure Laws for Dignity,
or "CHILD," circulated initiative petitions to place this
measure on the 1994 ballot.

WHY DID THEY PUT THIS ON THE BALLOT?

The proponents are motivated by their belief that child
pornography and obscenity will be easier to prosecute in the
State of Colorado under Amendment 16. They want to redefine
obscenity to include books, movies, and videos that are now
constitutionally protected.

IS CHILD PORNOGRAPHY PROSECUTED IN COLORADO?

YES. Child pornography is a felony in Colorado, punishable by
up to 32 years in prison. Amendment 16 will not change the
child pornography laws. It doesn't toughen the law, nor will in
increase the number of prosecutions. This is simply an
emotional issue that the proponents are using to support the
passage of this amendment.

IS OBSCENITY PROSECUTED IN COLORADO?

YES. Promotion of obscenity is a crime in Colorado, and the
Colorado Supreme Court has upheld the constitutionality of this
criminal statue. Colorado law mirrors the guidelines outlined in
the United States Supreme Court case _Miller vs. California_.
District Attorneys in Colorado already have the tools they need
to prosecute obscenity and child pornography.

WILL AMENDMENT 16 PREVENT CHILDREN FROM EXPOSURE TO OBSCENE OR
SEXUALLY EXPLICIT MATERIALS?

NO. Current laws in Colorado prohibit the promotion and
distribution of sexually explicit material to children, and
Amendment 16 won't change that. Additionally, state law gives
local school boards the right to determine which materials are
used in classroom sand available in school libraries. Similarly,
counties and municipalities use zoning ordinances to keep
certain types of businesses away from schools, parks and
churches. Amendment 16 isn't necessary to protect children.
What it really does is limit the types of legal materials
available to adults.

WILL AMENDMENT 16 REDUCE SEX CRIMES AGAINST WOMEN AND
CHILDREN?

NO. Research does not support a cause-and-effect connection
between pornography or obscenity and violence against women and
children. Although some studies have suggested a link between
pornography and sex crimes, such as the 1986 U.S. Attorney
General Edwin Meese's Commission on Pornography, these studies
have been criticized as being biased in favor of censorship.
Simplistic explanations like "Porn made me do it," are not an
excuse for criminal behavior.

WHAT DO OTHER STATE CONSTITUTIONS SAY ABOUT OBSCENITY?

No other state in the nation has the wording of Amendment 16 in
its state constitution. All 50 states agree that obscenity lacks
constitutional free speech protections.

WHAT DOES THE UNITED STATES CONSTITUTION SAY ABOUT FREEDOM OF
EXPRESSION?

The First Amendment to the U.S. Constitution states: "Congress
shall make no law ... abridging the freedom of speech..."

WHAT DOES THE COLORADO CONSTITUTION SAY ABOUT FREEDOM OF
EXPRESSION?

Article II, Section 10 of the Colorado Constitution states: "No
law shall be passed impairing the freedom of speech; and every
person shall be free to speak, write or publish whatever he will
on any subject, being responsible for all abuse of that
liberty..."

HOW DOES THE U.S. SUPREME COURT DEFINE OBSCENITY?

In _Miller vs. California_, the U.S. Supreme Court defined
obscenity as those expressions which:
1. appeal to a prurient interest
2. are patently offensive
3. and lack serious literary, artistic, political or scientific
value

HOW DOES THE COLORADO SUPREME COURT DEFINE OBSCENITY?

The Colorado Supreme Court has defined obscenity as those
expressions which:
1. appeal to a prurient interest
2. are patently offensive
3. and lack serious literary, artistic, political or scientific
value

WHAT IS THE DIFFERENCE BETWEEN THE COLORADO CONSTITUTION AND
THE UNITED STATES CONSTITUTION AS INTERPRETED BY THE COURTS?

Both the Colorado and U.S. Constitutions protect free speech.
Obscenity has always been outside the range of protected speech.
The difference is in the interpretation of the phrase "patently
offensive." The U.S. Supreme Court has defined "patently
offensive" to be those expressions which the community cannot
accept or tolerate. The Colorado Supreme Court has said that the
"tolerance standard" provides greater protection for freedom of
speech than does the "acceptance standard." There are many
things that a community may not be willing to accept, but can
still be tolerated. The Colorado Supreme Court has ruled that
the Colorado Constitution requires a statewide standards of
tolerance so that all Coloradans enjoy equal freedom of
expression throughout the state.

WHY IS A STATEWIDE STANDARD OF TOLERANCE BETTER FOR COLORADO?

With 267 municipalities and 63 counties in Colorado, the
potential would exist for 330 different standards. Without a
statewide standard of tolerance, distributors of books, movies
and videos would have difficulty complying with the regulations
of each community. What might be available in one community
could very well be illegal in another. To avoid prosecution
under conflicting standards, distributors will be forced to
only make available those materials accepted under the most
restrictive laws.

HOW CAN COLORADO OFFER MORE PROTECTION FOR FREEDOM OF
EXPRESSION THAN THE U.S. CONSTITUTION?

The 10th Amendment to the U.S. Constitution reserves rights to
the states. The U.S. Supreme Court has said that a state can
choose to offer greater protections through their state
constitution. The U.S. Constitution merely sets a minimum
guarantee. The Colorado Supreme Court has ruled that our
constitution provides more protection for free speech. Most
states have reached the same conclusion.

WHAT HAPPENS IF WE VOTE YES?

The Colorado Constitution will be amended and local government
will be given the power to censor according to community
standards.

WHAT HAPPENS IF WE VOTE NO?

Nothing. The Colorado Constitution remains exactly the same. No
new restrictions on your freedom of expression will take place.

WHO IS OPPOSING AMENDMENT 16?

Colorado Citizens Against Censorship is leading the campaign to
defeat this constitutional amendment. CCAC is a coalition of
authors, bookstores, video stores, publishers, distributors,
librarians, artists, health care providers and associations that
represent these groups, and other groups that value civil
liberties, constitutional rights, freedom of speech and freedom
of expression.

HOW CAN I PRESERVE OUR COLORADO CONSTITUTION?

FIGHT AMENDMENT 16. To volunteer, or make a financial
contribution, contact:

Colorado Citizens Against Censorship
Joyce Meskis, President
Fofi Mendez, Campaign Manager
Post Office Box 18Z Denver CO 80218
telephone: 303-863-9914
fax: 303-863-0814

Paid for by Colorado Citizens Against Censorship, James Joy,
Treasurer

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