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Prostitutes And Porn: 1st Amend. Protects Porn But Not Prostitutes? Absurd CA Supreme Court
STEVELACKNER.COM ^ | November 24, 2011 | Steven W. Lackner

Posted on 11/24/2011 11:07:08 PM PST by stevelackner

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To: John.Galt2012

Interesting business model.


41 posted on 11/25/2011 6:09:21 AM PST by wally_bert (It's sheer elegance in its simplicity! - The Middleman)
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To: muir_redwoods
"Since any religion and, in fact, all religions are merely hypotheses, you are welcome to believe in one absolutely but you are not free to bind others to the rules or beliefs of a religion."

Since any secular belief is merely a hypotheses you are welcome to believe in one but you are not free to bind others to the rules or beliefs of secularism. See, that mantra works both ways.

42 posted on 11/25/2011 6:11:58 AM PST by circlecity
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To: nathanbedford

About 20 years ago, when the last serious effort to legalize prostitution ws gearing up, we used to heard endlessly that prostitution was a “victimless” crime...well..that’s shown not to be the case..


43 posted on 11/25/2011 6:18:27 AM PST by ken5050 (Support Admin Mods: Doing the tough, hard, dirty jobs that Americans won't do...)
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To: circlecity
The article is not about "the entire criminal code" but about "prostitutes and porn".

You have been reading the wrong dots.


44 posted on 11/25/2011 6:18:43 AM PST by nathanbedford ("Attack, repeat, attack!" Bull Halsey)
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To: nathanbedford
"The article is not about "the entire criminal code" but about "prostitutes and porn"."

And your post expanded that to "laws about morality". Those were the dots I was commenting on and I still can't connect them.

45 posted on 11/25/2011 6:21:02 AM PST by circlecity
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To: stevelackner

The First Amendment was not intended to protect pornography. It was intended to protect political speech. Simply put, the perversion of it came from the ACLU. They hacked at it until the Supreme Court gave them that ruling.


46 posted on 11/25/2011 6:23:06 AM PST by maxwellsmart_agent
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To: ken5050
You might ask yourself who are the "victims" of criminalizing prostitution?

How about the prostitutes themselves who are put outside the law and left to the vicious mercies of pimps?

How about the police force which is corrupted and made cynical by unenforceable laws about morality?

How about a judicial system and a political system where our judges and politicians find themselves hypocrites for outlawing the prostitutes that they frequent?

How about the innocent folks with nothing to do with prostitutes but who find themselves the victims of street crime because the neighborhood deteriorates?

How about the innocent folks who find that their justice system grows more and more corrupt and hypocritical?

How about the taxpayer whose taxes are squandered uselessly on jails to incarcerate and courts to convict?

List of victims goes on and on.


47 posted on 11/25/2011 6:29:43 AM PST by nathanbedford ("Attack, repeat, attack!" Bull Halsey)
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To: stevelackner
This touches directly upon the inability to finely regulate life through the use of that blunt instrument called "law". Of course the law is a blunt instrument because human thinking is at best finite. Something more is needed. Let's face it, the essence of legal wrangling over whether something is pornography or political speech is recondite argument about arcane definitions of words and actions. It's all about "legalese".

In contrast one reads in the Bible, "This is the covenant that I will make with them after those days, saith the Lord, I will put my laws into their hearts, and in their minds will I write them;" (Hebrews 10:16)

And in another place we read about the fruit the Holy Spirit produces in our lives, "(For the fruit of the Spirit is in all goodness and righteousness and truth;) Proving what is acceptable unto the Lord. And have no fellowship with the unfruitful works of darkness, but rather reprove them. For it is a shame even to speak of those things which are done of them in secret." (Ephesians 5:9-12)

Today it seems too many of "those things" are done, not in secret, but openly, in public. And those who do are celebrated for it.

Our era could never write the Constitution. Only a moral and religious people could have written it. And a moral and religious people don't need many laws or finely worded statutes carefully parsed by hoards of lawyers.

To the making of many laws there is no end. And in making those many laws there is an end to liberty. It was Christ Himself who told us, " . . . If ye continue in my word, then are ye my disciples indeed; And ye shall know the truth, and the truth shall make you free. They answered him, We be Abraham's seed, and were never in bondage to any man: how sayest thou, Ye shall be made free? Jesus answered them, Verily, verily, I say unto you, Whosoever committeth sin is the servant of sin. And the servant abideth not in the house for ever: but the Son abideth ever. If the Son therefore shall make you free, ye shall be free indeed." (John 8:31-36)

48 posted on 11/25/2011 6:29:48 AM PST by hfr (Liberalism is a moral disorder that leads to mental disorder (actually it's sin))
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To: circlecity
It seems to me that if you are about the business of taking away individual liberty, of frustrating someone's pursuit of his definition of "happiness" by bringing to bear the full force and power of the criminal law, the burden is on you to connect the dots.

In connecting those dots, you have five or six thousand years of history to overcome and in every year your way has failed.

You are asking us to endorse a failed system. You are asking us to endorse a hypocritical system. You are asking us to endorse an expensive and self-defeating system.

You are asking us to deprive people of their liberty for engaging in sex in commerce when if they did it for free it would be perfectly legal. Society has passed your position by.

This is your law, you defend it. You explain the broken lives and the crowded jails. You explain the venereal disease. You explain the white slavery. You explain the brutal pimps. You explain the traffic in underage girls.

You must explain all of these things because your system has brought them about. Kindly spare me your inability to connect the dots, you are consigning people to misery and worse.

The German system is clearly better because it produces less misery and more freedom. I thought that was what the pursuit of happiness was all about. It is certainly not about our personal biblical views which we impose on others through the vehicle of the criminal law. If you want to impose the criminal law on someone you have the burden of justifying it. And doing so you shall not be heard to say that we would sweep away all laws against all crimes.

We are talking about laws which are not malum in se but laws which impose criminal sanctions not because victims need to be protected but because hypocrites need to be vindicated.


49 posted on 11/25/2011 7:09:42 AM PST by nathanbedford ("Attack, repeat, attack!" Bull Halsey)
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To: monocle

You make no point.


50 posted on 11/25/2011 7:26:24 AM PST by exnavy (May the Lord bless and keep our troops.)
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To: muir_redwoods
I am not binding anyone to anything.

I am merely paraphrasing the Word of the God of Abraham, Issac, and Jacob.

It's not religion, it is faith, the belief in that which is unseen.

Religion is futile.

51 posted on 11/25/2011 7:29:23 AM PST by exnavy (May the Lord bless and keep our troops.)
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To: nathanbedford
Your post #49 is outstanding. Very well said.

But it does surprise me to hear such well expressed thoughts coming from someone who uses the image and name of a slave dealer and Klan leader.

No insult intended - I am interested in how you would reconcile Forrest and human freedom.

52 posted on 11/25/2011 7:52:19 AM PST by Notary Sojac (Gingrich/Cain 2012)
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To: gman992
...there’s tons of incest and “begeting” in the Bible...

People behaving badly, as it was in the beginning, is now, and shall always be.

53 posted on 11/25/2011 8:09:42 AM PST by JimRed (Excising a cancer before it kills us waters the Tree of Liberty! TERM LIMITS, NOW AND FOREVER!)
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To: Notary Sojac
Your inquiry is addressed at least tangentially if not directly on my about page.

Thank you for your kind comments.


54 posted on 11/25/2011 8:10:30 AM PST by nathanbedford ("Attack, repeat, attack!" Bull Halsey)
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To: nathanbedford
"If you want to impose the criminal law on someone you have the burden of justifying it."

And since imposing criminal sanctions based on religious values in this (and other) regard has been constitutional since the beginning, that's all the reason I need. If a majority of the people support a criminal law based purely on ethical reasons with a religious foundation then that is their right in a democratic republic, baby. Who are you to say your cost/benifit empirical analysis is somehow a more authoritative or moral basis for criminal law than a motivation based on divine revelation from God? If you can bring enough people to your way of thinking so they vote in different laws, go for it. But so far your position has consistently been rejected over a thousand years over a broad spectrum of cultures. And I will continue to support laws consistent with my theistic presuppositions.

55 posted on 11/25/2011 9:54:59 AM PST by circlecity
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To: circlecity

Here’s a secular belief; water is wet. That is not an hypothesis, it’s a testable reality, unlike any religion. See, it’s not a mantra.


56 posted on 11/25/2011 10:33:31 AM PST by muir_redwoods (No wonder this administration favors abortion; everything they have done is an abortion)
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To: stevelackner

Why is it legal to promote a film of two men having sex but against the law to criticize them for doing it.


57 posted on 11/25/2011 10:37:38 AM PST by AppyPappy (If you aren't part of the solution, there is good money to be made prolonging the problem.)
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To: nathanbedford
Poof

I believe you used this (somewhat) phonetically, but it's Puff, derived from the eponymous boardgame (often played in brothels back in the day), an early form of Backgammon.

(Just in case you ever need to ask for directions...kidding!)

58 posted on 11/25/2011 12:17:27 PM PST by Moltke (Always retaliate first.)
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To: PieterCasparzen
Morris County,New Jersey Court Records. December 22,1762. The King vs.JOHANNAH AYRES charged with fornication. She plead guilty. 1,5 fine and 30 stripes on her bare back on 27th day of December 1762.

Bare back, huh? And I'll bet the good judges sold tickets to the flogging, too. If someone had a camcorder back in the day, there would have been videos for sale all over the place.

59 posted on 11/25/2011 1:07:53 PM PST by Larry Lucido
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To: circlecity
But so far your position has consistently been rejected(emphasis supplied)

Really?

Lawrence v. Texas, 539 U.S. 558 (2003)

60 posted on 11/25/2011 1:14:52 PM PST by nathanbedford ("Attack, repeat, attack!" Bull Halsey)
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