May I say that this publication on its face says, "Banned by bigots who can’t stand the meaning of the word 'sex', but available to you if you hurry."
It goes on. I don’t want to lake yonr time to read it, but it says the bluenoses—and I ain sure you are not one as you said in the begin- ning, and I hope I am not one, either, nor can I be constdered a prude—we "must face the fact that certain well-intentioned, but narrow- minded reform groups are threatening to choke off the souree of this supply," but if you hurry now you can get it before they ure effective.
The Chairman. The Chair will instruct the recorder to include {liese advertiscments also at this point. Let that be exhibit No. 27.
(The material referred to was marked "Exhibit No. 27," and is on file with the subcommittee.)
Mr. Fitzpatrick. Finally, it is respectfully submitted that con- sideration be given Lo providing limited, and closely scrutinized, um- munity from antitrust regidation for any group or groups of publish- ers or distributors, working together for the sole purpose of enforeiig industry supervision over the sale of obscene and objectionable liter- ature.
Now, you mentioned and you are right, that the best way of cleaning vp this mess is to have the industry clean up itself. We tried that. We had these publishers in; we took their lestimony; we issned a report. Wesaid very plainly, “Gentlemen, we will give you an entire year to clean your own house. We feel the best regulation is self- regulation. Yon know this isbad. You clean it up aud you will have no trouble from our legislative committee.”
We came back ina year, Senator. We called the same people before us. They had done nothing. They had attempted to do nothing.
tam speaking now not of the better segment. of the industry, bul of the people who had so flagrantly published this type of material and who continued to do so,
Afier they said to us they had done nothing, we then proceeded to attempt to enact legislation, and we have finally been suecessful in passing some of it this past year.
Mr. Beaser. Actually, from your experience, do the Federal anti-trust laws prevent them from getting together? They have never tried that: have they?
Mr. Fitzpatrick. I want to get to that. I have talked to some of the more responsible people in the publishing industry, and I know you have. I have found this: in the first mstances there have been numerous attempts by seements of the imdustry lo get the renegades to come in and play ball and they woen’t do if. There have been organizations formed, and yon get the people who are net publishing the bad materials anyhow. The other people stay ontside.
Now, what is happening is this, and this is what I am teld by representatives of the industry: they are reluctant to attempt auy kind of coercion within the industry, because they fee] that they will be subjecting themselves to prosecution under the antitrust laws.
I have direct evidence of that from this morning’s paper. It is very interesting, In the first place, there was a piece in the Herald ‘Tribune this morning about a newspaper's rejection of an ad in Poughkeepsie. The judeec held that they could reject the ad. He says the newspaper must not be engaged in fraudulent conspiracy of furthering unlawful monopoly.
