Thursday, May 13, 1999
E N Q U I R E R E D I T O R I A L
Flynt loses; Cincinnati wins
When Hamilton County decided to prosecute Larry Flynt and his Hustler empire for obscenity, he called it a victory. He said he welcomed a showdown with Cincinnati to get even for being prosecuted for porn more than 20 years ago.
When jury selection showed that many in Cincinnati thought he was despicable and should be put in jail, he said that was good news, because jurors were so outspoken.
When he cut a plea-bargain to avoid his long-awaited showdown yesterday — admitting his adult videos were obscene and agreeing to remove them from his store — he called that a victory too.
What a shame Cincinnati didn't give him a chance to brag about winning again — while his cell door was slamming shut. No doubt, he would have claimed that was a big “victory” — and for once, we would have to agree. Putting Larry Flynt behind bars would be a “win” for the whole nation.
But Cincinnati will have to settle instead for his sudden surrender. As it turns out, the hero of Hollywood liberals and porn peddlers is not the defender of the First Amendment he was made out to be. He's a fraud.
On Tuesday, the tycoon of trash was pontificating about how “anything that's not worth going to jail for isn't worth fighting for.” The next day, his corporation pleaded guilty to two counts of pandering obscenity as he insisted he still believes his obscene videos “are free expression and protected by the First Amendment, but that battle will have to be fought another day.”
Mr. Flynt abuses the First Amendment the way a flasher uses a raincoat. The Supreme Court has made it clear: Obscenity is not protected by the First Amendment. Communities can set their own standards. And most would rather be like Cincinnati than like Times Square before New York City used zoning to sterilize porn.
Maybe Mr. Flynt and his high-priced jury consultants blinked when they got a look at prospective jurors, such as the one who said she moved to Cincinnati to get away from porn.
Maybe it was the sobering maximum penalty of 26 years.
Whatever the reason, Larry Flynt folded. He now claims the prosecutors asked him for a deal. But that is the kind of mendacity we should expect from someone who blackmailed Congress during the impeachment.
The deal accepted by Hamilton County Prosecutor Mike Allen short-circuits a healthy opportunity for Cincinnati to firmly and clearly redefine our community standards. Facing prison, Mr. Flynt could have been shut down and run out of town.
But this deal is a win for Cincinnati — a city that has set high community standards not by winning in court, but by demonstrating a resolute willingness to prosecute obscenity, no matter how elitist liberals mock our “prudishness” and lack of “sophistication.”
Hamilton County convicted Larry Flynt 20 years ago, then lost on appeal. But the message was sent: We will prosecute.
The plea bargain removes adult videos from Mr. Flynt's store and fines his corporation $10,000. But the message is sent: Cincinnati dares to take on the ayatollah of obscenity. No matter how wealthy and powerful. No matter who his friends are.
This city is not afraid to test its community standards in court.
“Think about it,” said Mr. Allen. “He comes into town with guns blazing, throws these videos in our face and says "Come and get me.' Then he runs up the white flag and says, "Hey, guys, never mind — I'm taking my videos back to Hollywood.' We have spoken as a community and upheld our standards.”
Larry Flynt can claim victory all the way to Hollywood and gone. He knows who won. So does Cincinnati.
Flynt, county proclaim 'total victory'
ENQUIRER EDITORIAL: Flynt loses; Cincinnati wins
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