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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]

WASHINGTON (AP) -- The Supreme Court struck down a congressional ban on virtual child pornography Tuesday, ruling that the First Amendment protects pornography or other sexual images that only appear to depict real children engaged in sex.

The 6-3 ruling is a victory for both pornographers and legitimate artists such as moviemakers, who argued that a broad ban on simulated child sex could make it a crime to depict a sex scene like those in the recent movies "Traffic" or "Lolita."


(Excerpt) Read more at sfgate.com ...


TOPICS: Breaking News; Constitution/Conservatism; Crime/Corruption; Culture/Society; Government; News/Current Events
KEYWORDS: childpornography; scotuslist; supremecourt
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Comment #61 Removed by Moderator

To: Egg
You know in your heart that this is NOT what the Founders had in mind when they insisted on a free speech clause.

I am not interested in what they “had in mind” unless they took it out of their mind, put it on paper, and made it the law of the land.

Too many people claim infallibility in reading the minds of men who’ve been dead for 200 years.

62 posted on 04/16/2002 8:07:57 AM PDT by dead
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To: Egg
There are many writings of the Founders cursing slavery

Yeah, old Tom Jefferson was really against it. ha ha. Whether or not he had sex with Sally Hemmings, he did sell her off later in life to cover some of his debts.

63 posted on 04/16/2002 8:13:11 AM PDT by jlogajan
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To: Lazamataz
This is a great victory for sick perverts who photoshop the faces of small kids from magazines and catalogs onto hard core porn pictures of barely 18 hairless teens being savaged.

Seriously, this is what a lot of the "virtual kiddie porn" consists of, as reported in many legal cases. It looks exactly like kiddie porn, the only difference being that the bodies used are (theoretically) over 18 while the faces are not.

Once this crap becomes widespread and legal and tolerated, it will become almost impossible to sift out many cases of actual child rape and abuse and use for kiddie porn, since the "real" kiddie porn will just float along with all the legal "virtual kiddie porn".

Cyber cops then will have the almost impossible task of stopping the real rape and abuse of real children for kiddie porn by catching the pornographers in the act.

64 posted on 04/16/2002 8:13:29 AM PDT by Travis McGee
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To: dead
I am not interested in what they “had in mind” unless they took it out of their mind, put it on paper, and made it the law of the land.

It's called a figure of speech. Learn it; deal with it.

65 posted on 04/16/2002 8:14:19 AM PDT by Egg
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To: Phantom Lord
What is the difference between Bart Simpson naked and "virtual child porn"?

See my reply 47. You're sounding ridiculously uninformed.

66 posted on 04/16/2002 8:22:48 AM PDT by Egg
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To: Timesink
And the left-wing "for the children!" psychos take note: Real child porn remains as illegal as it ever was.

They won't take note. Your talking about the same people who will censor all kinds of internet sites (everything from anti-government, racist, porn, etc.) because it's "for the children/women/minorities", etc.

67 posted on 04/16/2002 8:24:48 AM PDT by texlok
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To: Oldeconomybuyer
The problem I see is not in protecting free speach, but in that we are not deserving of free government any longer.

Consider the following quote:

“Our Constitution was made only for a moral and religious people. It is wholly inadequate to the government of any other.” -- John Adams

Public virtue, as they called it, was a widely understood principle during the founding period. When public virtue is lost the ability to self government is lost also.

The Hymn, America The Beautiful really drives this point home..."Confirm thy soul in self-control, Thy liberty in law."

68 posted on 04/16/2002 8:25:17 AM PDT by mconder
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To: jlogajan
Yeah, old Tom Jefferson was really against it. ha ha.

TJ may have been your favorite founder, but he was the more liberal of them, and consequently one of my least admired.

69 posted on 04/16/2002 8:25:20 AM PDT by Egg
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To: AmericanInTokyo;discostu
Those who think the now-Constitutionally protected, nefarious material that is being allowed to prevail see little wrong with it, should have the intellectual courage right here and right now in Free Republic to stand up and post a sample of it right here.

Such are they confident that there is nothing socially wrong with this. If they can't, then they must know in their hearts that something is patently wrong and unacceptable about it and there is no socially redeeming quality to it.

Dear God. This post is full of so many logical fallacies I hardly know where to begin.

1) You've made a classic liberal-style straw man argument (also known as "lying"). Nobody here is saying they "see little wrong with" such material.

2) You make this "argument" knowing full well that posting such stuff is against the rules of FR, and anyone that did post such a thing would have their account yanked within seconds.

3) You lie by attempting to claim that anyone who supports the SCOTUS ruling essentially IS a possessor of child porn, and would just happen to have some on their hard drive ready to post here at a moment's notice. For this alone, you should be ashamed of yourself.

4) You completely, intentionally ignore the fact that this was bad law, and went straight for the emotion-based "it's FOR THE CHILDREN" argument, just like a liberal would. Again, you should be ashamed, and we all see through your baseless, sick accusations.

70 posted on 04/16/2002 8:27:04 AM PDT by Timesink
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To: Travis McGee
Cyber cops then will have the almost impossible task of stopping the real rape and abuse of real children for kiddie porn by catching the pornographers in the act.

The irony is that in their zeal to distinguish between virtual and real child pornography, the privacy rights of American citizens will suffer tremendously. The 'freedom' for perverts to fantasize about naked children will come at the expense of what little true freedom the rest of us have left.

71 posted on 04/16/2002 8:27:52 AM PDT by Egg
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To: Egg
It's called a figure of speech. Learn it; deal with it.

It’s called a backpedal.

Look at your feet go!

72 posted on 04/16/2002 8:28:46 AM PDT by dead
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To: Lazamataz
something is just wrong here, and I cannot put my finger on it.

For me, at least, the problem is that by depicting it as kids having sex, it is kiddie porn, regardless of the age of those taking part. The intent, and the perception, is what matters.

The legalities and biological ages of the participants are secondary.

I think what we have here is a very good example of the difference between the letter and the spirit of the law. The letter of the law can mean a variety of things, depending on the moral outlook of the people interpreting it.

73 posted on 04/16/2002 8:29:02 AM PDT by r9etb
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To: Lazamataz
Given that everything in life is quantifiable, would you not agree that placing the silverwear in a manner Martha Stewart would disdain, is several orders of magnitude less 'socially wrong' than yanking it to CyberCindy KiddiePack 7.0?

I disagree with the preamble of your sentence but would agree with the remainder. Now, if everything is quantifiable, at what quantity of social wrongness should something become illegal?
74 posted on 04/16/2002 8:29:03 AM PDT by BikerNYC
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To: Lazamataz
Because all evil first takes place in the brain before it becomes an action. Pornography doesn't lessen desire -- know any men who say "well, I have Playboy and my 900 number, that's enough, I really don't want sex with a woman"? Constant exposure to anything desensitizes you -- look at how accustomed we have become to swearing in public, or even how tatoos on women, fifteen years ago shocking, seems normal. And, of course, you've NEVER tried a product or service because of an advertisement, right?

Images of children having sex will now be widely, legally available, rationalized because "we aren't hurting any real children." And we will become used to seeing images of children being violated and it will seem, after several years, very normal. I don't want to know where it goes from there.

75 posted on 04/16/2002 8:29:28 AM PDT by justanotherfreeper
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To: Egg
Where is the proof that links viewing pornography and criminal behavior?
76 posted on 04/16/2002 8:29:49 AM PDT by ernie pantuso
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To: Egg
Ah, but as written, this law did NOT make that distinction.

And what about the parents who have been tried and convicted of child porn under this law for taking pictures of their young children in the bathtub?

I dont know if you have any children, but if you do I am willing to bet you have such pictures and/or others that would be considered child porn under this law.

The court was right.

The law was poorly written. Fight for a new, more specific and clearly defined law.

77 posted on 04/16/2002 8:29:56 AM PDT by Phantom Lord
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To: Joan912
What is the difference between virtual images 'which appear to simulate murder acts' and the real thing? Considering how realistic virtual technology - or the virtual "arts" - has become, I don't see how you can make an honest distnction between the two.

Shall we prosecute PAX for showing "Diagnosis Murder"? Shall we ban all the Perry Mason books? These have all been suggested by some political gropus.

78 posted on 04/16/2002 8:30:18 AM PDT by Doctor Stochastic
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To: BikerNYC
Now, if everything is quantifiable, at what quantity of social wrongness should something become illegal?

That determination is above my pay grade, but yanking it to CyberCindy KiddiePack 7.0 is clearly well over that line.

79 posted on 04/16/2002 8:31:07 AM PDT by Lazamataz
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To: dead
Read reply 68. He understands.
80 posted on 04/16/2002 8:31:43 AM PDT by Egg
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