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Supreme Court strikes down ban on virtual child pornography
Associated Press ^ | 4-16-02

Posted on 04/16/2002 7:32:20 AM PDT by Oldeconomybuyer

Edited on 04/13/2004 2:40:08 AM PDT by Jim Robinson. [history]

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To: Scorpio
Ancient Greece was FULL of naked bodies on statues, naked statues, and statues of naked bodies. No wonder they were so full of debauchery and homosexuality. It all goes together.

Yeah, and all the debauchery and homosexuality came AFTER someone decided to put up all those naked statues, not the other way around. Right.

401 posted on 04/16/2002 4:20:24 PM PDT by Timesink
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To: Timesink
It seems you leave out the concept of perversion.

Are you assuming that a pedophile's desires just emerge, full blown and developed, out of nowhere?

402 posted on 04/16/2002 4:22:24 PM PDT by ecomcon
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To: Oldeconomybuyer
This is unbelievably perverted. Anyone who supports child porn of any kind is demented.
403 posted on 04/16/2002 4:26:38 PM PDT by Dante3
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To: ecomcon
What is it that makes a crime a "hate" crime?

Motive; specifically that the crime was motivated primarily by the perceived race/religion/ethnicity/nationality/[insert qualifier here] of the victim. How does that apply here?
404 posted on 04/16/2002 4:26:44 PM PDT by Dimensio
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To: ecomcon
What is it that makes a crime a "hate" crime?

A bullsh*t legal construct that has the practical effect of creating a class of thoughtcrimes. A dangerous precedent, if you ask me.

405 posted on 04/16/2002 4:27:32 PM PDT by general_re
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To: ecomcon
Are you assuming that a pedophile's desires just emerge, full blown and developed, out of nowhere?

I can't prove they ALWAYS do so, but it's already a known fact that humans have all sorts of brain disorders that just happen randomly. Bad genetics, disease, brain injury ... any of these things can and do cause peoples' personalities, likes/dislikes and desires to change in any number or ways. And this is to say nothing of the simple fact that every human being is different and has different likes/dislikes even if their mind is completely "normal." Many people, yes, simply are sick freaks, and do not need any sort of external stimulus to make them that way. If humans in general were that susceptible to every idea put in front of them, there'd be no such thing as an unsuccessful supermarket product, because all any company would have to do is run a single TV ad and at least half the country would be running out the door five minutes later to buy the latest variation on Oreos.

406 posted on 04/16/2002 4:29:08 PM PDT by Timesink
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To: Dante3
This is unbelievably perverted. Anyone who supports child porn of any kind is demented.

There is a difference between stating that something is legally permissable and "supporting" it.

I would argue that advocacy of repealing age of consent laws is legal. I'm certainly not going to support it, though (the advocacy -- though I wouldn't support the repeal either).
407 posted on 04/16/2002 4:29:09 PM PDT by Dimensio
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To: Egg
That's a red herring issue--this deals with kids involved in simulated sex. This is not justifiable, so you may as well stop trying.

Actually, this law extended past real children having "simulated" sex. It included "virtual" children, i.e. computer animation.

The original law was too vague, and if prosecutors wanted to, they could have gone after "Romeo & Juliet" (she was only 13) and movies like "American Beauty" (a deplorable movie: I felt like I needed to take a shower after having seen it). In both cases, an underage girl was involved in sexual activity. However, in AB, the "underage girl" was actually NOT a minor in real life.

I agree with the sentiment that child porn is bad and dangerous, and anyone involved with it should be prosecuted to the fullest extent of the law. Hell, I'd stand in line and pay a buck to beat a pedophile with a club, just like most of the other Freepers. However, the part of the law that was struck down was a part defining a "thought crime." The criminal act depicted was never committed. Could this later be extended to movies depicting other criminal acts like theft or murder?

I consider this to be yet another tasteless part of defending the rights of others, like hate speech...

Mark

408 posted on 04/16/2002 4:29:10 PM PDT by MarkL
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To: Dimensio
Except that smoking dope doesn't necesarrily harm another individual or violate their rights, while engaging in sexual acts with a child does harm a child and violater his/her rights. They are not equal activities.

Advocacy of dope smoking (allegedly victimless crime) is not equal to the advocacy of sexually exploitation of children (a crime with an obvious victim) that is inherent in pornography.

Do terrorist have a free speech right to explosives? There is also the added dimension that child porn is used in the seduction of child victims to desensitize their natural boundaries and elicit curiosity and cooperation. Most pedophiles are seductive molesters rather than violent rapists. There is a definite social benefit and interest in depriving criminals of the tools of their trade.

409 posted on 04/16/2002 4:30:07 PM PDT by Valpal1
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To: Timesink
My point is, don't try to claim that only men are capable of being into tasteless sexual depictions.

That isn't what I was trying to do. Most people knows that it a very small percentage of women that are sexual predators, molestors or pedophiles. How many times do you hear about a woman kidnapping, molesting and killing a child? Very seldom.

410 posted on 04/16/2002 4:31:40 PM PDT by Vicki
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To: Oldeconomybuyer
Justice Kennedy, a Roman Catholic, wrote the majority decision just as the pedophile priest scandal is in full tilt.

No doubt they are connected in some way.

411 posted on 04/16/2002 4:32:21 PM PDT by muawiyah
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To: MarkL
You're apparently joining this thread late. I don't wish to go over this (invalid) point again. Instead, read reply #180
412 posted on 04/16/2002 4:37:24 PM PDT by Egg
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To: Valpal1
Except that smoking dope doesn't necesarrily harm another individual or violate their rights, while engaging in sexual acts with a child does harm a child and violater his/her rights. They are not equal activities.

Okay, so what about depictions of murder?
413 posted on 04/16/2002 4:38:22 PM PDT by Dimensio
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To: Lazamataz
Get past the emotion and consider the reason for the law - protecting children from being exploited. To seek to regulate an activity that touches on the First Amendment the law must be narrowly tailored to achieve a compelling state interest.

With respect to virtual porn there is no child being harmed - the compelling state interest - which is why the law runs afoul of the First Amendment.

Consider how a ruling the other way would allow the proverbial "nose under the tent" in all other areas of life merely to "protect the children."

Law touching on the Second Amendment would exponentially multiply and we would have no recourse left...

414 posted on 04/16/2002 4:39:25 PM PDT by Abundy
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To: Abundy
Dude, I know this is the correct legal ruling.

But the whole thing still totally creeps me out.

415 posted on 04/16/2002 4:43:54 PM PDT by Lazamataz
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To: Scorpio
Funny - I don't recall you disproving the assertion.

Supply does not creates demand. This flies in the face of basic economics. Demand creates supply by creating a market for a given product or service. This is why my dust bunnies have gone unsold. No one wants them regardless of the abundant supply. The "dust bunny" example disproves your assertion.

416 posted on 04/16/2002 4:48:08 PM PDT by Redcloak
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To: ThomasJefferson
The court said language in a 1996 child pornography law was unconstitutionally vague and far-reaching.

This is the problem. Write a good law and this won't happen. The people who write these laws leave them intentionally vauge so they can intrpret them anyway they want time goes by.

That's the point isn't it?

There was a story a few weeks ago about a man who was convicted because he recorded his fantasies in his diary per his shrink's instructions. I doubt that was envisioned by the authors of the law, but the law was so vaguely written that examples like this, or parents with 'cute' pics of their young'uns in the buff are sitting in prison.

(I never would let my wife take pictures like that of our children, because I didn't want them getting embaressed in front of their girlfriends some day.)

417 posted on 04/16/2002 4:49:50 PM PDT by gitmo
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To: Lazamataz
I'm with you on that...which is more disgusting, the dude into child porn or the dude into the real thing.

My wife and I were talking about this ruling and both agree that there probably is no distinction between either person - each will probably engage in both activities. However, criminalizing what one might do (molest a child) based on expressed thoughts without actual action (merely viewing pornography) is a scarey proposition...hell, the next thing you know anyone subscribing to Guns & Ammo would be subject to arrest for murders they might commit and PlayBoy's subscription list would be incarcerated as future rapists...

Of course if we beat the leftists to the punch and execute them all for future treason based on their political affiliations and past voting records we might be safe...

418 posted on 04/16/2002 4:50:01 PM PDT by Abundy
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To: Valpal1
</>"Congress should rewrite the law, or better yet, statutorily (sp?) redefine it as non protected speech and get in SCOTUS' face on this issue."

Congress has EVERY right to do this....and WE should all be writing and encouraging them to do this, but I think our Congress Critters are too chicken....

419 posted on 04/16/2002 4:52:30 PM PDT by goodnesswins
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To: goodnesswins
That begs the question of whether or not Congress has the power to define what is and is not "speech".
420 posted on 04/16/2002 4:54:43 PM PDT by Dimensio
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