From Jack Johnson to Eliot Spitzer

[NNN0LHI]

http://www.theroot.com/id/45224

The troubling history of the White-Slave Traffic Act.

March 11, 2008--When a self-righteous crusader like Eliot Spitzer is caught with his pants down, a lot of onlookers might feel a tinge of glee to see such hypocrisy revealed. But the law under which he may be prosecuted, the Mann Act, is a relic that should give pause to anyone looking to hold Spitzer accountable in court on counts of prostitution.

Spitzer, the former TIME magazine "Crusader of the Year," who has previously directed his righteous fury at "high-end prostitution rings" and "sex tourism," now looks to be another law-breaking John stung by wiretaps, bank disclosures, and his own hubris and stupidity. Two big questions loom: will he resign and will he serve time?

On the latter question,The New York Times reported that Spitzer might be charged, like the four "ringleaders" of Emperors Club VIP, under the Mann Act. The nearly century-old law prohibits transporting across state lines "a woman or girl for the purpose of prostitution or debauchery, or for any other immoral purpose."

The history of the Mann Act raises serious questions about the use of federal law enforcement to investigate the private lives of consenting adults. Amid early nineteenth century media hysteria and a moral panic about white farm girls being lured into cities and forced into prostitution, progressive Illinois Congressman James Robert Mann sponsored the White-Slave Traffic Act. Against the wishes of states' rights advocates, the legislation federalized vice crimes that had previously been the purview of local law enforcement.

Though primarily intended to fight prostitution, the Act substantially expanded the scope of the Federal Bureau of Investigation and soon became the starting point for a wide-range of cases, including many against consenting but unmarried couples. The first person prosecuted under the law was legendary boxer Jack Johnson.

Long before special prosecutors like Ken Starr came along, the Mann Act made fishing expeditions into private sex lives a common and controversial part of federal law enforcement.

[no_hypocrisy]

1. I'm surprised that the Mann Act is still on the books or hasn't been

overturned on appeal.

[KharmaTrain]

2. It's Still Hooking In Big Fish

This law is used as a "gateway" to get at other things...tax evasion, wire fraud and money laundering. Maybe the law is exclusionary as it is used selectively and involves personal behavior, however if it can and does lead to other crimes which aren't personal...this we can agree to disagree on, and the courts have argued the Mann Act in the pass and its constutionality has been upheld. The bottom line is Spitzer probably learned this statue in Law 101...he wouldn't have hestitated to use this law to prosecute and his non-denial of his actions speak loudly of his irresponsibility.