The Government Vs. Erotica: The Siege of Adam & Eve [Hardcover]

Philip D. Harvey (Author)

Book Description

ISBN-10: 157392881X | ISBN-13: 978-1573928816 | Publication Date: June 2001

In 1986, a small mail-order company was invaded by 37 armed law enforcement agents who instantly shut down all operations, herded the employees into a warehouse, and then systematically interrogated everyone, allowing them to leave only after subpoenas were distributed. Although this episode may sound like a police action in the former East Germany, in fact it was implemented by the U.S. Justice Department, then headed by Edwin Meese, against Adam & Eve, a North Carolina business that sells contraceptives, sex toys, and adult videos.Owner Phil Harvey's first-hand account of this David-and-Goliath battle goes to the heart of our national debate over First Amendment freedom of expression versus government attempts to limit the availability of erotic materials. Harvey not only writes a personal memoir of his harrowing struggle against the strong-arm tactics of the Justice Department; he also raises important questions about federal abuse of power, the slow erosion of First Amendment rights through government intimidation, the effects of pornography, archaic laws that attempt to regulate sexuality between consenting adults, the class-war implications of this battle, and the interplay between sex and religion. In the end the courts ruled against the Justice Department's actions, but only because Harvey chose to resist an eight-year siege by a government bent on imposing its moral agenda by force. This fascinating story is a wake-up call for all who would be complacent about First Amendment rights.

Editorial Reviews

From Publishers Weekly

Harvey traces the various prosecutions (beginning in 1986) of his company, Adam & Eve, which started as a mail-order supplier of condoms, then branched into the distribution of adult films and sexual paraphernalia. This expansion may have been a mistake, since Adam & Eve was headquartered in North Carolina, and the Supreme Court had established that a jury must apply contemporary community standards when determining whether an item was obscene. Fortunately, Harvey obtained excellent legal help and ultimately prevailed, though at great cost. Although presented from the defendant's point of view, the account of the political and legal landscape behind these prosecutions is fair. Harvey's defense of the sexually explicit material sold by Adam & Eve is equally spirited, but somewhat less convincing. He contends that sexually explicit material as long as it is consensual and nonviolent is harmless, even salubrious, but even Harvey clearly senses the limitations of the sexually explicit. When the jury is asked to watch six hours of adult films, he concedes, "I am acutely embarrassed in this context, with the jurors forced to watch all this material in our presence and in the company of each other." Equally facile is the condemnation of world religions: "[O]rganized religion has caused more mischief in the world than it has done good." Despite these shortcomings, Harvey writes engagingly and provides an excellent anecdotal way to get a handle on the ongoing pornography debate.

Copyright 2001 Cahners Business Information, Inc.

From Booklist

Readers concerned about free speech will enjoy this surprisingly involving tale of the Reagan administration's effort to shut down a North Carolina "adult" mail-order firm. Harvey started his mail-order business, in part, to fund nonprofit work in international family planning; over the years, it added erotic material in response to customer interest. In 1986, 37 law enforcement officials, including postal inspectors from several states, raided the company and interrogated all employees. In 1987, the firm was acquitted in Alamance County (NC), but the Department of Justice's National Obscenity Enforcement Unit still threatened federal prosecution in North Carolina and Utah (and later Alabama). But Harvey's company filed suit against the DOJ, and learned its problems were part of "Operation Postporn," an effort to drive major "adult" mail-order companies out of business by targeting them for prosecution in multiple jurisdictions. DOJ lawyers knew most of the material these businesses were selling didn't violate the Supreme Court's obscenity standards, but they happily destroyed several firms by threatening long prison sentences--until Harvey turned the tables. Mary Carroll
Copyright © American Library Association. All rights reserved

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Product Details

• Hardcover: 296 pages
• Publisher: Prometheus Books (June 2001)
• Language: English
• ISBN-10: 157392881X
• ISBN-13: 978-1573928816
• Product Dimensions: 9.3 x 6.3 x 1 inches
• Shipping Weight: 1.4 pounds (View shipping rates and policies)
• Average Customer Review: 4.7 out of 5 stars  See all reviews (7 customer reviews)
• Amazon Best Sellers Rank: #1,595,926 in Books (See Top 100 in Books)

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Customer Reviews

Most Helpful Customer Reviews

12 of 12 people found the following review helpful:

5.0 out of 5 stars Intriguing, insightful, and imperative!, May 26, 2002

By 

Jeffrey Feinman (New York, NY United States) - See all my reviews

This review is from: The Government Vs. Erotica: The Siege of Adam & Eve (Hardcover)

As timely as tonight's evening news. An examination of what Ashcroft-type first amendment views can do to the individual, free enterprise and the very fabric of society. Harvey's insightful views on everything from organized religion, big government, pornography, to the corporate soul will interest a diverse group of readers including political pundits, free speech advocates, students and corporate players.

This is not some passive academic examination. Instead it is the first hand account of an entrepreneur whose livelihood, beliefs and very right to freedom are challenged by an attempted modern day witch burning.

All the read of a super thriller. Plus the reality of the governments ability to unleash their unlimited resources and threats of long prison sentences with the scantiest evidence. Few of us have the spiritual, physical, fiscal, emotional or intellectual stamina to stand up for what is right under those conditions. Harvey did it and won...making him an unlikely American folk hero.

An extraordinary insight into the possible American landscape when we surrender our liberty to self-appointed/government appointed (and anointed) arbiters of the public taste.

Intriguing, insightful, and imperative!

10 of 10 people found the following review helpful:

5.0 out of 5 stars The First Amendment Forever!, August 21, 2001

By 

R. Hardy "Rob Hardy" (Columbus, Mississippi USA) - See all my reviews
(TOP 100 REVIEWER)    (HALL OF FAME REVIEWER)    (REAL NAME)   

This review is from: The Government Vs. Erotica: The Siege of Adam & Eve (Hardcover)

"The threat of open tyranny is remote and unlikely for us in America. Far more dangerous is the slow erosion of our liberties, particularly freedom of speech and of thought, by fervent moralists who believe they are 'improving' us." So Philip D. Harvey writes, and he has often been in a position to feel the pressure from religious moralists. Harvey is the president of Adam and Eve, a North Carolina firm that started thirty years ago selling condoms by mail, and then branched into erotica and sex toys. In 1986, thirty-seven law enforcement agents, some with firearms, representing county sheriffs, state officials from North Carolina (and from Utah), and federal inspectors, descended on Harvey's firm, shut it down, and began interrogating employees. Harvey himself wasn't there, but he heard by phone about the raid as it progressed. What came of the raid was an eight year struggle against the government. Harvey tells the story of the struggle, an inspiring David-and-Goliath legal fight, in _The Government Vs. Erotica: The Siege of Adam & Eve_ (Prometheus Books), and it is a page turner that I found I had to skip sleep to finish.

In his legal battles, Harvey saw himself as dealing with those steeped in religious moralism: "...we were dealing with people for whom sexual pleasure, unless specifically linked in some way to procreation, was wrong, and the sale of sexually stimulating items could therefore not be permitted..." His account of the legal battle is detailed and fascinating. The North Carolina jury ruled him not guilty, but that was only the start. The Federal government, realizing that the sort of tapes Adam and Eve sold were overwhelmingly popular but were not legally obscene, developed a heinous plan to put out of business pornographers who dealt in non-obscene (and therefore legally protected) material. It would financially annihilate such firms by simultaneously prosecuting them (even when such prosecutions could not legally succeed) in several different parts of the country, over and over. The Feds had lots of money, the firms relatively little, and the aim would be simply to bankrupt legal businesses whose wares offended government agents. The extensive description of his the legal strategies is given with good humor, and Harvey also obviously enjoys telling readers about his philosophy of libertarianism and about how wrong the religious moralists are. This is a splendid, entertaining book about the rights of citizens and the eagerness of moralists with the "right" view to impose that view upon others. It is a ringing defense of the First Amendment, surely, but it is also a grim reminder that the First Amendment cannot be taken for granted, but must forever be defended against the zealous.

9 of 9 people found the following review helpful:

5.0 out of 5 stars Compelling, Vital & A Great Read, January 18, 2003

By 

Richard J. McCabe (Essex, MA USA) - See all my reviews

This review is from: The Government Vs. Erotica: The Siege of Adam & Eve (Hardcover)

I started reading this book because a friend insisted. I finished it because I couldn't put it down. I laughed, became mesmerized, got angry and celebrated with tears of joy Phil Harvey's triumph in court. George Washington may have been the father of this country but it is courageous individuals who are committed to the Constitution even when that commitment gets difficult or even unpopular, like Phil Harvey, that keep it great. It's worth reading this book just to be reminded of that fact.

Anyone who is looking for a compelling tale with heroes and villains, a superb overview of First Amendment issues and/or just a great and easy read should read this book. Anyone who thinks the freedom we enjoy is precious should read this immediately and then send a Thank You to Phil Harvey.