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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: Houmatt
Uh, now, you are making an assumption. They may not have existed at one time, but, as I am sure you know, people are getting darker and sicker by the day.

There is a legal word for a film depicting an actual murder--it is called "evidence". In a broad sense, there are lots of snuff films. Taken by nazi camera crews at Auschwitz, for example. But by a commercial vendor? Dream on.

441 posted on 04/16/2002 5:43:35 PM PDT by donh
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To: all
I might also add:

A child's natural right to protection and nurture is greater than the natural rights of freedom, expression and self determination possessed by adults.

The natural right of a child to be free of sexual exploitiation is greater than any adults (individually or culturally) right to view them as sexually exploitable in any medium.

442 posted on 04/16/2002 5:44:22 PM PDT by Valpal1
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To: Condorman; gdani
there are plenty of women out there who enjoy porn too.

Absolutely.

443 posted on 04/16/2002 5:45:53 PM PDT by altair
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To: MonroeDNA
The thought police lose another one.

You fellows are no better than Tom Daschle, you both want to make the rules on how my neck of the woods runs its life, you just have different rules here and there.

444 posted on 04/16/2002 5:46:11 PM PDT by jwalsh07
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To: Valpal1
Hear, hear....BUMP, BUMP
445 posted on 04/16/2002 5:46:25 PM PDT by goodnesswins
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To: jwalsh07
is this a joke?

NO.

Advocacy groups from all spectrums of political thought have always, and will continue to, advocate for their brand of Orwellian thought and behavior control all the time. (hate speech and prohibition comes to mind) They do so with no regard to the consequences to the balance between indivdiual rights and governmental control past their sole issue. There is an ebb and flow to the balance, based on the spines of our Congresscritters and the collective political bent of the Supremes at the time.

We are damn close to Orwell's vision right now; why hasten such a hell by criminalizing some perv looking at a virtual image? What would be the difference between that perv sanding the ol' mainmast to a virtual image or to the image in his mind? NOT ONE DAMN DIFFERENCE. Would we criminalize and prosecute the perv based on his admission to a third party that he was tenderizing his meat last night to his visualization of that little irritant in Home Alone??? There's no difference between a virtual image on a computer and in one's mind - the image ain't real.

Allow this law now and when the technology is available in the near future you can bet some moron will advocate implanting some sort of monitoring device that would transmit a convicted sex offender's thought images to a digital repository for review and prosecution of unapproved visual images.

I don't want to live in such a society...and you shouldn't either.

446 posted on 04/16/2002 5:46:53 PM PDT by Abundy
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To: Valpal1
A child's natural right to protection and nurture is greater than the natural rights of freedom, expression and self determination possessed by adults.

Right on dude! The pedophiles liberty should stop well short of children.

447 posted on 04/16/2002 5:48:38 PM PDT by jwalsh07
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To: f.Christian
Your post makes no sense.

Explain to me how a virtual image on a computer screen is any different from the image in one's mind.

You can't, because the only difference is the medium; computer or brain - and the image in the computer came from someone's brain. (albiet a perverted one)

That's called thought. No actual child is harmed and therefore the act, viewing the image on the screen or in one's mind, cannot be criminalized.

448 posted on 04/16/2002 5:49:44 PM PDT by Abundy
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To: Abundy
"There's no difference between a virtual image on a computer and in one's mind - the image ain't real."

Oh, really....can a computer ACT on an image? Also, I have a little more confidence in our system that people aren't going to try (or be allowed) to implant chips to monitor thoughts....it's the resulting acts we're talking about. Imagination is where a lot of motivation (and success) begins......we cannot ignore that. I think we have just LOST our ability to be humans, and now entered the animal world.

449 posted on 04/16/2002 5:50:30 PM PDT by goodnesswins
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To: Abundy
I don't want to live in such a society...and you shouldn't either.

You live in Maryland for Cripes Sake.

Hate laws are already here, the press is more equal than the rest of us pigs and a TV ad within 60 days of an election gets you 5 years in jail.

Those are issues that neither of us should want in our society. Norming child pornography is not my idea of freedom but worse yet to me is all the folks here who applaud the USSC forbidding my town from outlawing child porn, virtual or otherwise.

450 posted on 04/16/2002 5:52:09 PM PDT by jwalsh07
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To: jwalsh07
A child's natural right to protection and nurture is greater than the natural rights of freedom, expression and self determination possessed by adults.

Right on dude! The pedophiles liberty should stop well short of children.

Absolutely!

What you all keep ignoring is that creating a virtual image of a child engaged in sex does not involve a real child, therefore a law criminalizing creating a virtual image of a child engaged in sex criminalizes thought where no actual child is exploited or assaulted.

451 posted on 04/16/2002 5:52:26 PM PDT by Abundy
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To: jwalsh07
That should be Right On, Dudette! as I am unabashadly, unshameabley, femininely female.
452 posted on 04/16/2002 5:53:28 PM PDT by Valpal1
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To: Valpal1
That should be Right On, Dudette! as I am unabashadly, unshameabley, femininely female.

LOL, right on Dudette, from an unabashedly, unashamedly, conservative Grandpa.

453 posted on 04/16/2002 5:56:30 PM PDT by jwalsh07
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To: Egg
Would a pen and ink drawing of the subject matter we are discussing be "constitutional" in your opinion?
454 posted on 04/16/2002 5:57:04 PM PDT by Phantom Lord
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To: Vicki
How many times do you hear about a woman kidnapping, molesting and killing a child? Very seldom.

The molesting part happens all the time here, I am told. It just isn't publicized. There have been at least two cases of murder (that I've read about, I don't watch TV or read local newspapers very often) where a mother has killed a neighbor's child because the neighbor's child got into an elite school and her child did not.

455 posted on 04/16/2002 5:58:57 PM PDT by altair
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To: Abundy
What you all keep ignoring is that creating a virtual image of a child engaged in sex does not involve a real child, therefore a law criminalizing creating a virtual image of a child engaged in sex criminalizes thought where no actual child is exploited or assaulted.

I'm not ignoring it at all. It is simply my opinion that in this case the rights of a group take precedence over the rights of pedophiles. And if that is the opinion of my fellow residents, then we should have the ability to keep it far, far away.

456 posted on 04/16/2002 5:59:02 PM PDT by jwalsh07
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To: goodnesswins; jwalsh07
Look - you guys both make good points (BTW - I truly cannot stand Maryland, but am stuck here for a little while longer) and I'm no fan of child porn or pedophiles.

I'm even less of a fan of Government attempting to regulate my thoughts...as you pointed out I live in Maryland where my "insurrectionist interpretation" (the only correct evaluation IMHO) of the Second Amendment is already viewed as questionable thought by my beloved AG and Governor. I don't want some SCOTUS opinion on virtual porn giving these richard craniums any ideas about my views about the relationship between firearms, the indivdual and government...

Such would be one of the many unintended consequences if this law were upheld. Imagine all the usual suspects, Children's Defense Fund, VPC, Brady Center, et.al., all of the sudden getting a law passed here in MD that exposure to Guns and Ammo or other firearms related matter is harmful to children and places them at risk due to the images....and don't say it's unconstitutional - I was just skimming the dissents in this case and their arguments, had they been the majority, could have damn well supported such a law given all the bravo sierra 'statistics' those groups put out about the relationship of firearms to child deaths. That scares the hell out of me.

(Not sure which scares me more, the thought of what I just outlined or the fact that I'm disagreeing with Scalia and agreeing with Souter, Stephens and Bryer...)

457 posted on 04/16/2002 6:00:38 PM PDT by Abundy
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To: altair
Are you arguing that women commit sexula abuse on children at the same rate as men?

Because if you are I'm here to tell you, you're not even close. Men are the overwhelming sexual abusers of children.

458 posted on 04/16/2002 6:00:56 PM PDT by jwalsh07
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To: Abundy
Your post makes no sense.

Explain to me how a virtual image on a computer screen is any different from the image in one's mind.

Is there a printer on your computer---other people---rights--fredom in the world beyond your shrunken brain--soul?

Do you have anthrax too in your refrigerator---dynamite in your garage---all harmless--your lifestyle?

459 posted on 04/16/2002 6:01:36 PM PDT by f.Christian
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To: Abundy
What you all keep ignoring is that creating a virtual image of a child engaged in sex does not involve a real child, therefore a law criminalizing creating a virtual image of a child engaged in sex criminalizes thought where no actual child is exploited or assaulted.

No, what you keep ignoring is that such virtual depictions can and WILL BE used by pedophiles to break down a real child's natural inhibitions and to elicit curiousity that the pedophile will then exploit to manipulate the child into sexual activity. And then that child will be further manipulated into believing that he/she caused or asked for such exploitation. Adults have a duty to protect children, by depriving criminals of their tools of exploitation. If this inhibits some of our adult freedoms, tough nuts.

There is no freedom with out responsibility.

460 posted on 04/16/2002 6:01:50 PM PDT by Valpal1
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