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The Pro Porn Court?
WYLL.com, NEWSMAX.com, RFMNews.com, FederalObserver.com ^ | 4.17.2002 | Kevin McCullough

Posted on 04/17/2002 8:45:48 AM PDT by KMC1

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To: KMC1
In Ashcroft vs. Free Speech Coalition (a pornography trade, lobbying, and activist group), the U.S. Supreme Court ruled that images can show children having sex, children can be shown in nude or erotic poses, children can perform sexual acts, children can be shown having sex with adults, children can be shown having sex with their own or opposite gender. The only catch - as long as they are not actual children being shown. Sound Confusing? Well it is.

It's not confusing to me... Just like a toy gun is not a real gun.

21 posted on 04/17/2002 9:16:33 AM PDT by SunStar
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To: kellynla
Wonder how the Justices would feel if they saw their grandchildren's nude picture on the web...

That is already legal, provided their grandchildren are 18 or older.

22 posted on 04/17/2002 9:17:03 AM PDT by SunStar
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To: NormsRevenge
Does this 6-3 vote make the 6 enlightened ones proPornents of kiddie porn? :-?

No.

23 posted on 04/17/2002 9:17:17 AM PDT by SunStar
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To: tdadams
Yeah - was this an easy one? If kiddie-porn cartoons are illegal because they portray a crime, what about cartoons where someone is murdered? THATS a crime - should the hanna barbera folks get thrown inthe slammer for Tom and Jerry cartoons???? Aren't we supposed to get past the emotional element of this and consider the unanticipated consequences of making cartoons felonious? Its the difference between thought-crimes and real crimes. I'd hope you all would pause on that subject for a second.
24 posted on 04/17/2002 9:17:57 AM PDT by corkoman
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To: KMC1
It had to be struck down because otherwise it creates a dangerous precident: banning "speech" because it depicts illegal behavior, as differentiated from actually doing illegal behavior. With this law as a precident, it's only logical to enact other laws that prohibit depiction of murder, abuse, or other illegal activities - thus banning most movies, books, videogames, and ultimately even wholy reasonable discussions of illegal activities.

This law was little different from most gun control laws, which are based on the premise that someone might do harm with an item, rather than focusing prosecution efforts on what harm is actually done. Actually, this USSC ruling might be a useful precident for restoring the 2nd Amendment...

25 posted on 04/17/2002 9:19:11 AM PDT by ctdonath2
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To: gdani
Judge Napolitano addressed more than one paragraph of the ruling. He discussed the BIG picture.
26 posted on 04/17/2002 9:21:33 AM PDT by Clara Lou
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To: gdani
The issue of morphed images falls under the issue of libel.
27 posted on 04/17/2002 9:22:00 AM PDT by ctdonath2
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To: tdadams
The SC made the right decision, as distasteful as it may be.

Distasteful or not, the ONLY factor in this decision should be whether there is injury to children. There is not injury with "virtual" child porn, i.e. computer generated animation or young-looking adults.

I think this decision may actually benefit children, because the sicko scumbags who enjoy child pornography may no longer seek out children to have sex with (and record it on video). Now, they can simply view computer simulations, potentially leaving children untouched.

28 posted on 04/17/2002 9:22:15 AM PDT by SunStar
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To: KMC1
Those that are agreeing with decision are still failing to admit the type of material it makes available to the minds of the creeps that get off on thinking about kids to being with.

I'll play along, then. I am fully aware of the material that will be available after the ruling. "Virtual" child pornography, featuring images and videos of children in various sexual poses and situations will be available. The children so depicted will be entirely imaginary, and will not exist in the real world, but in the near-future, the images and depictions of "virtual" child-pornography may be indistinguishable from images and videos of actual child sexual abuse. As a result, it is possible that in some cases, child molesters will indeed use such material to lure children into abuse. Some children may be harmed or killed as a result of this decision.

I fully and freely accept all that as a possible result of this decision. I understand and accept the possible implications of this decision.

I still think they made the right decision.

Lest you think I have no personal stake in this, my children are 7 and 2. I think it was the right decision, but I accept the possibility that it will cause harm to some.

Now it's your turn. Why don't you tell me what the potential negative consequences and implications of banning this material might have been?

29 posted on 04/17/2002 9:23:47 AM PDT by general_re
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To: Clara Lou
Judge Napolitano addressed more than one paragraph of the ruling. He discussed the BIG picture

I merely commented that using real children via morphed imaging was, and still is, illegal. You seemed to indicate that Napolitano said that analysis is wrong.

30 posted on 04/17/2002 9:24:32 AM PDT by gdani
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To: KMC1
The only catch - as long as they are not actual children being shown. Sound Confusing? Well it is.

People who find the distinction fiction and reality "confusing" used to be housed in institutions where they could be properly cared for. Now, they blast their delusions to the world on street corners, WYLL.com, NEWSMAX.com, RFMNews.com, and FederalObserver.com.

31 posted on 04/17/2002 9:26:30 AM PDT by steve-b
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To: sanchmo
Let me get this straight: The Founding Fathers wrote the First Amendment to protect the right of grown men to look at dirty drawings (computer-animated graphics are just high-tech drawings/paintings). However, they did not intend the First Amendment to give a politically active group the privilege of running an ad against a congressional candidate in late October

Bingo. I hope they overturn CFR.

However, if the courts cannot find justification in the law to make illegal something which is as blatantly bad for society as cyber-kiddy-porn, then I am concerned.

It may be time for people to start taking action against organizations that promote this kind of thing. The PETA and EarthFirsters do it on the left, maybe it is time for those of us on the right to start responding in kind.

Child pornography incites child abuse. Period. If someone were to molest my child, after double-tapping him (or her) twice in the ten ring, my next order of business would be to remove from this earth those who materially contributed to the crime.

If the courts will not act, then we should.

32 posted on 04/17/2002 9:27:08 AM PDT by LouD
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To: ctdonath2
The issue of morphed images falls under the issue of libel

The issue of morphed images of children, in this context, fall under existing child porn laws and U.S. Supreme Court precedent that clearly keep the practice illegal -- without getting into libel laws.

33 posted on 04/17/2002 9:27:13 AM PDT by gdani
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To: KMC1
In Ashcroft vs. Free Speech Coalition (a pornography trade, lobbying, and activist group), the U.S. Supreme Court ruled that images can show children having sex, children can be shown in nude or erotic poses, children can perform sexual acts, children can be shown having sex with adults, children can be shown having sex with their own or opposite gender. The only catch - as long as they are not actual children being shown. Sound Confusing? Well it is.

I don't know what is so confusing about this. It is pretty straightforward to me. What do you find confusing about it?

34 posted on 04/17/2002 9:28:32 AM PDT by Rodney King
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Comment #35 Removed by Moderator

To: KMC1
...can't you see the environment being created?

Yeah, I can. That's why I don't want to agree with it. As perverse as it is, it's one of those "where do you draw the line" questions.

Personally, I'd push the line a lot further back. But can we do that constitutionally?

36 posted on 04/17/2002 9:35:16 AM PDT by Corin Stormhands
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To: Clara Lou
Judge Napolitano addressed more than one paragraph of the ruling. He discussed the BIG picture.

(Former)Judge Napolitano is not the be all end all authority on the ramifications of court decisions and (GASP!) could be off the mark(as I suspect).

37 posted on 04/17/2002 9:35:25 AM PDT by FreeTally
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To: general_re
I fully and freely accept all that as a possible result of this decision. I understand and accept the possible implications of this decision.

I still think they made the right decision.

So you believe that promoting child pornography (real or virtual matters only to the subject of a photo, not to those who feel its ripple effects) despite the fact that it will without a doubt increase the sexual abuse of children?

You're quite a dad. I'm guessing you'd be singing a different tune if one of your children were abused by someone who was desensitized to the evil of child abuse by virtual kiddy porn. So, what say you: Would you just accept it if your child were abused and chalk it up to collateral damage in the extension of the 1st Amendment to cover perversity, or would you suddenly grow a pair and act like a man?

38 posted on 04/17/2002 9:35:38 AM PDT by LouD
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To: FreeTally
I can whole-heartedly agree with you that Napolitano is not "the be-all and end-all" since I never said that he was. He is, however, a conservative legal mind and gave a clear picture of things as they now stand to those of us who are not legal-minded. People need to quite hyperventilating.
39 posted on 04/17/2002 9:39:39 AM PDT by Clara Lou
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To: LouD
despite the fact that it will without a doubt increase the sexual abuse of children?

First, this has not been shown. Second, we don't ban expression because it could conceivably encourage evil behavior; to do so opens the door to total censorship of all media.

Would you just accept it if your child were abused and chalk it up to collateral damage in the extension of the 1st Amendment to cover perversity, or would you suddenly grow a pair and act like a man?

Your personal attack is uncalled for. Additionally, this is a complete non sequitor; nothing in this ruling diminishes the crime of abusing *actual* children.

40 posted on 04/17/2002 9:45:03 AM PDT by ThinkDifferent
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