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Parental advisory: This column discusses 'speech' (Ann Coulter) TRIPLE XXX
worldnetdaily ^ | 4/24/2002 | Ann Coulter

Posted on 04/24/2002 3:56:03 PM PDT by TLBSHOW

Parental advisory: This column discusses 'speech'

Whenever a Supreme Court opinion is bristling with references to Renaissance paintings, classical mythology, and "art and literature throughout the ages," you know the court is about to invoke the First Amendment to protect "Bisexual Schoolgirls' Porn Pictures."

Writing for the court, Justice Anthony Kennedy struck down a perfectly sensible federal child porn law last week. Though you might think the attorney general was preparing to rip "War and Peace" off the shelves, the law simply extended the reach of the federal child pornography laws to computer-generated "virtual" images of minors engaging in sexually explicit conduct. Without this law, it will be impossible, in practice, to prosecute any child pornography cases.

In order to prohibit, say, "Youngest Teen Sluts in the World!" while leaving the Federalist Papers unmolested, the law carefully defined "sexually explicit" conduct as: "actual or simulated ... sexual intercourse ... bestiality ... masturbation ... sadistic or masochistic abuse ... or lascivious exhibition of the genitals or pubic area of any person."

In response to this law, Justice Kennedy expounded on William Shakespeare's "Romeo and Juliet" – "the most famous pair of teen-age lovers." He continued: "The right to think is the beginning of freedom, and ... speech is the beginning of thought."

Oh, cut it out.

The last smut prosecutions for works with any redeeming value whatsoever took place almost four decades ago. Since then, pornographers have been running amok, producing the most degrading pornography imaginable – and then running to the Supreme Court to whine about threats to Shakespeare and "Lady Chatterley's Lover."

Some of the more respectable titles taken off the Internet include: "Preteen Pedophilia XXX," "Kiddie Pix," "Mary's Pictures of Young Nude Girls," "Lolita Angels," "Preteen Nudist Camp," "Naked Little School Girls," "Kiddie Porn Lolitas," "Rape Lolita," "Preteen Incest Rape."

Remember: I'm not the one who says "Preteen Sluts" is protected by the Constitution. Pornography defenders always insist on describing this particular constitutional right in vague euphemisms, such as "material dealing frankly with sex" and "sexually themed material." If I have to endure Justice Kennedy's pompous platitudes when we're talking about "Lolita Angels," then I'm not politely avoiding the topic.

The nation is swimming in pornography. You can't turn on TV without seeing simulated sex scenes. And Kennedy is worried that a law banning computer-generated photos of children engaging in sexually explicit acts will put Shakespeare at risk?

If judges pretended to be this confused when interpreting other laws, there could be no laws about anything. Indeed, Depends undergarments would be a necessity on the high court, as justices struggled with whether that feeling in their bellies meant they had to go to the bathroom or needed to burp. Is it "Othello" or is it "Kiddie Pix"?

In addition to Shakespeare, Kennedy claims that if Congress were permitted to outlaw virtual images of children in explicit sex scenes, movies like "Traffic" and "American Beauty" might be made differently. "[L]egitimate movie producers," Kennedy anxiously warns, might not "risk distributing images in or near the uncertain reach of this law."

Justice William Rehnquist points out in his dissent that both "American Beauty" and "Traffic" were made (and given awards) while this precise child porno law was on the books. Not only that, but during that time, four of five federal appeals courts were upholding the law. As Rehnquist says: "The chill felt by the court ... has apparently never been felt by those who actually make movies."

Moreover, the actress who played a teen-age girl in the crucially important simulated sex scene in "Traffic" was not, in fact, a minor. (Why does no one ever say, "'Casablanca' was a good movie – but what it really needed was simulated sex scenes with kids"?) Even high-priced lawyers for the porno industry couldn't come up with more than one "legitimate" Hollywood movie that might possibly – theoretically – fall under the virtual child porn law.

Here is a description, courtesy of an Internet rating service, of just some of the sex scenes from "American Beauty": "a couple has sex with thrusting, her legs up in the air ... a man is seen from behind masturbating in the shower ... a man masturbates next to his sleeping wife in bed ... a girl stands in front of boy, then takes her bra off and we see her breasts ... a man thinks a male couple is performing fellatio (they are not) ... a father kisses his daughter's teen-age friend, caresses her clothed breasts and pulls off her jeans until she's down to her underwear, and opens her shirt, exposing her bare breasts ... a man has several daydreams of a girl in a bathtub with rose petals covering her; he reaches his hand under the water at her crotch level as she puts her head back and moans."

So Congress can't ban virtual kiddie porn because the law might make producers think twice before making movies with scenes like that? This is the doomsday scenario? A little chilling might lead to "virtual" watchable movies.

TOPICS: Culture/Society; Government; News/Current Events
KEYWORDS: anncoulterlist; supremecourtporn
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To: jude24
I am an unashamed libertarian

I've noticed this is true of most libertarians - they have not shame.

BTW, what statement is kiddie porn making?

41 posted on 04/24/2002 5:34:53 PM PDT by anniegetyourgun
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To: jude24
Nevermind, I don't feel like going around the circular logic of folks who are so open-minded their brains are falling out.
42 posted on 04/24/2002 5:35:37 PM PDT by anniegetyourgun
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To: Lorianne
The pro-life angle comes into play when you assume that you can picket at a pornographers home, etc. As a pro-lifer I'm sure you're aware of restrictions placed on protesters at clinics and at abortionists' homes. The point was simply that your constitutional right to protest abortion has already been restricted so your faith in your right to protest may be misplaced.
43 posted on 04/24/2002 5:36:13 PM PDT by garv
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To: Ann Archy
Interesting comments from someone with your username...
44 posted on 04/24/2002 5:44:58 PM PDT by Black Cat
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So, is it any wonder how they're going to vote on the CFR gag rule?
45 posted on 04/24/2002 5:46:32 PM PDT by fellowpatriot
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To: StriperSniper
46 posted on 04/24/2002 5:47:59 PM PDT by TLBSHOW
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47 posted on 04/24/2002 5:48:50 PM PDT by ChadGore
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To: anniegetyourgun
It's not, but we're talking child porn here - that involves the depiction of minors in lewd acts. But, alas, I'm sure you won't find the word "pornography" in our founding documents. Our Founding folk never thought we'd stoop to this kind of vomitous slime.

How can we argue that liberals should follow the Constitution if we are not willing to do so ourselves? How can we refute their claims that the Constitution is a living document if we use the argument ouselves? When they use the argument that the Constitution should be ignored because our founding fathers could not have forseen X, how can we argue against it if we say that the Constitution should be ignored because our founding fathers could not have forseen Y?

It's not about being a libertine. It's about integrity. It's about sticking to our principles even when we don't like the results. This is one of those times.

48 posted on 04/24/2002 5:49:43 PM PDT by Rule of Law
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Ok... I like Ann and I'm looking forward to the gratuitous Ann pics that are bound to be posted to this thread; however, she is out to lunch on this! The Supreme Court's ruling on "virtual" kiddie porn is not about protecting smut. It's about defining what government may or may not proscribe. Government may regulate speech, such as real kiddie porn involving real kids because the production of that speech harms children. It may also regulate other types of porn as obscene, albeit under some rather byzantine rules. The theory behind such regulation is that direct harm results from the speech in question. "Virtual" kiddie porn does not have the same element of direct harm that real kiddie porn does. A "virtual" child cannot be harmed; it does not really exist. As Rush said this morning, these are cartoons.

Whether American is "awash" in pornography or not is irrelevant. What we don't need is for it to be awash in senseless government regulation. Laws regulating speech or other behaviors should be based upon a reasonable interest by the government. Protecting real children from pornographers is a legitimate insterest on the government's part; protecting "virtual" children is not.

49 posted on 04/24/2002 5:50:10 PM PDT by Redcloak
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To: garv
If you think you need a victim to demonstrate harm start shouting fire in movie theaters and see how far your "speech" rights extend.

What if I 'think' fire?

50 posted on 04/24/2002 5:54:20 PM PDT by eddie willers
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To: Rule of Law
I guess I'll not convince you that video showing adults sodomizing a 4 year old isn't speech.
51 posted on 04/24/2002 5:59:22 PM PDT by anniegetyourgun
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To: anniegetyourgun
Fine annie, banning such harmful speech is for the good of society as a whole.

Well why do we allow hateful thoughts towards our fellow man? After all isn't racism and bigotry towards race generally harmful for society? Shouldn't we punish such thoughts especially when accompanied by actions? I'm serious. I don't like what the KKK, neo-nazis, black panthers, islamic militants etc. have to say about groups they hate. They encourage violence through their rhetoric. Why do we allow these thoughts?

That is the road you walk down. You may say we can make a distinction between the two(porn vs. bigotry) but our hate crime laws say otherwise. Slander/libel and creating a panic should be the only restrictions the gov't should be able to place on our speech. That covers hate crimes, campaign finance etc.

Child porn is illegal. Doctored & virtual depictions of child porn are disgusting. I would report any I saw to the proper authorities(I am daily bombarded by such sites)so they may sort out what has happened. But the way the law was written, it was lazy and broad. The court said as much when declaring the law unconstitutional. Congress is free to pass a more specific law. That is what we will have to wait for.

But when these are artificial depictions, we are essentially punishing the thought of the creator of such. As vile as many of us find it, just as many have problems with that sort of logic. If this law were upheld, you can bet your bottom dollar that this would be used as a precedent cited to defend hate crimes as constitutional.

52 posted on 04/24/2002 6:01:41 PM PDT by amused
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To: anniegetyourgun
I guess I'll not convince you that video showing adults sodomizing a 4 year old isn't speech.

I am convinced that it is not speech. I am convinced that any state in the country that wants to make such a video tape contraband has the authority to do so. I hope that all of them have done so.

I am also convinced that the federal government has no authority to pass a law on the matter. The federal government lacks any generalized police power. All the Constitution allows the federal government to declare illegal is treason, counterfeiting, and piracy on the high seas.

53 posted on 04/24/2002 6:04:04 PM PDT by Rule of Law
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To: amused
You also miss the point. Forget the law, the Supremes ruled that virtual child porn was protected by the first amendment thus rendering unconstitutional the laws passed in 24 states addressing this very issue. And pretend conservatives applaud this usurptation of power from a central authority.


54 posted on 04/24/2002 6:06:58 PM PDT by jwalsh07
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To: Rule of Law
The Federal Government can make laws regarding interstate commerce.
55 posted on 04/24/2002 6:08:29 PM PDT by jwalsh07
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To: jwalsh07
the Supremes ruled that virtual child porn was protected by the first amendment

You misunderstand the ruling. They ruled that the law was too vague, they did not make any sweeping ruling.

56 posted on 04/24/2002 6:10:22 PM PDT by Dinsdale
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To: summer; Howlin; mombonn; Sabertooth; Miss Marple; Ann Coulter list; BraveMan; 1riot1ranger...
Ping for the ACPL.
57 posted on 04/24/2002 6:12:03 PM PDT by Pokey78
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To: Dinsdale
No Mr Dinsdale, you misunderstand the breadth and depth of the ruling. Read it again, they have made it quite clear that any of the states who have passed these laws will be overturned.
58 posted on 04/24/2002 6:16:00 PM PDT by jwalsh07
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To: lelio
Say you have a pair of young looking 18 yr olds having sex for pay in front of your camera, but despite their careful razor work, starvation diets and youthful appearance, you just don't think they'll pass for preteens and sell to audience you intend to target. So you take the digital images of your neighbors' cute little kids playing in the yard, and you paste their heads on the bodies of your paid "models" (prostitutes). No child was sexually abused to make that image. The writers of the Constitution would be proud of your independent American spirit, right?
59 posted on 04/24/2002 6:16:07 PM PDT by ValerieUSA
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To: Pokey78
60 posted on 04/24/2002 6:18:22 PM PDT by summer
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