deciding factor in prosecutorial discretion, i.e. whether a case should be prosecuted or not.

Should a case be charged against a particular NEA grantee for a work considered by a prosecutor to be child pornography (not an unlikely scenario given the history of the agency) the dilemma is more direct however. It would be difficult if not impossible to keep from a jury a defense argument that the material charged is not child pornography at all but rather "art" because the NEA has provided funding for its production or distribution.

The threat that the NEA poses in the prosecution on obscenity and child pornography cases is not merely hypothetical. The difficulties I have outlined in this regard were faced by the U.S. Department of Justice during my years in the criminal division with respect to the funding by the NEA of an exhibit by the late Robert Mapplethorpe.

The American Family Association is convinced after years of monitoring the NEA that the agency will never change. While it is only a small portion of its annual budget the NEA continues to fund pornographic works as "art." Some of the more recent and troubling grants went to three organizations which produce or distribute a substantial amount of pornography, some of it clearly obscene in my legal opinion. Those three are FC2, Women Make Movies, Inc, and Canyon Cinema, Inc.. FC2 was provided $25,000 in the past year. Some of its publications include: S&M, by Jeffrey DeShell, Blood of Mugwump: A Tiresian Tale of Incest, by Doug Rice, Chick-Lit 2: No Chick Vics, edited by Cris Maza, Jeffrey Deshell and Elisabeth Sheffield and Mexico Trilogy, by D.N. Stuefloten. These books include descriptions of body mutilation, sadomasochistic sexual act, child sexual acts, sex between a nun and several priests, sodomy, incest, hetero and homosexual sex and numerous other graphically described sexual activities. AFA believes that Congress should not support an organization that produces material such as this. I ordered a copy of Chick-Lit 2 from FC2 but the organization refused to sell it to me claiming that my interest in the book was "in connection with the House of Representative's oversight of the National Endowment for the Arts." In the letter accompanying my returned check a representative of FC2 stated emphatically that the NEA did not fund Chick-Lit 2. Yet on

the inside cover of the book is this statement "Published by FC2 with the support given by ... the National Endowment for the Arts." The seal of the NEA also appears on the same page. Whether this specific publication received NEA funding is really not the relevant question, however. NEA funds are for all intents and purposes fungible. Taxpayers concerned about the moral decline of America are offended that their hard-earned money is given by the NEA to any group producing pornography. But both FC2 and the NEA freely admit that NEA funded S&M, and Mexico Trilogy. I hope may safely assume that it would deeply offend this panel to have objectionable portions of these NEA-funded works read into the record so I will not. (Nor would I want to offend those who would be required to transcribe the record of these proceedings.) I do, however, have them with me along with the two other books I mentioned. Women Making Movies, Inc. received $112,700 in taxpayer money over the past three years for the production and/or distribution of several pornographic videos as well as distribution of the groups catalog of videos for sale. I have personally reviewed the video "Blood Sisters," which is about lesbian sadomasochistic practices. The film includes substantial nudity and lesbian sexual acts combined with whippings, piercing, and the infliction of severe pain and humiliation. One woman discusses a particular sexual encounter with her lesbian lover during which she held a knife to her lover's neck and considered murdering her. Is such material art or advocacy of lesbian S&M sex? The answer is obvious to nearly all except the elitist at the NEA who seem impervious to public opinion and who refuse to reform the agency as a result of substantial cuts in their operating budget and the threat of agency extinction.

The catalog of Women Making Movies includes so-called health videos. AFA purchased two of these since it is our understanding that the latest line from the NEA is that the agency did not fund the groups pornographic videos but only those from the health section of the catalog. The two purchased by AFA are "With a Vengeance," and "Access Denied." Both are very biased promotions for legal abortion. Congress has voted year after year for the Hyde Amendment prohibiting funding of abortion because the Americna public demands that no public money

should be used for abortion. Yet by funding the distribution of such videos the NEA appears to be providing funding for the proabortion movement.

Canyon Cinema, Inc is another grant recipient of the NEA which distributes pornography. I have reviewed the video "Nitrate Kisses," an NEA-funded work which AFA purchased from Canyon Cinema. It includes numerous depictions of oral sex and "fisting" by lesbians. I have no doubt that the video is prosecutable under federal obscenity laws and that a conviction would be returned by juries in most, if not all, federal jurisdictions.

Finally, AFA is offended by the obvious and continuous bias of the NEA in its funding decisions in favor of works appealing to sexually active homosexuals. The above-mentioned works all fall into that category. No federal agency should use tax dollars to promote what most in society believe are illicit and sinful sexual practices. AFA has learned that the NEA has recently given a $20,000 literary fellowship to controversial author Leslea Newman whose most prominent literary work to date is the book "Heather has Two Mommies." That publication has infuriated a great segment of America who share Judeo-Christian values because of its advocacy of lesbian lifestyles and parenting as normal.

American Family Association urges that the National Endowment for the Arts be eliminated from the federal budget.

APPENDIX L -- WRITTEN STATEMENT OF MR. ALEC BALDWIN,

PRESIDENT, CREATIVE COALITION, ACTOR, NEW YORK CITY, NEW YORK