Wednesday, June 8, 2022

Why restrict child porn but not guns?


©Gabriele Galimberti from The Ameriguns, Dewi Lewis Publishing. Used with permission.
  
     God bless free speech.
     It is what allows columnists — or anybody else — to write whatever we want without fear the government is going to haul us off to jail. In Russia, you can go to prison for calling their war against Ukraine “a war.” In China, you get sent to a camp for adhering to certain religions.
     Free speech is so important in the United States, it is the First Amendment to our Constitution: “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech.” Not only am I allowed to air the truth as I see it — Donald Trump is a traitor who should be in prison — but all sorts of salacious material are permitted. Courts decided, grudgingly, that offensive artworks and obscene comedy sketches and extreme pornographic videos are also free speech and cannot be banned.
     There are, of course, exceptions. Free speech doesn’t permit you to shout “Fire!” in a crowded theater. I didn’t just grab that example by accident. During World War I, a pacifist was arrested for distributing a leaflet claiming the draft was unconstitutional. In upholding his conviction in 1919 in Schenck v. The United States, Justice Oliver Wendell Holmes wrote:
The most stringent protection of free speech would not protect a man in falsely shouting fire in a theatre and causing a panic. ... The question in every case is whether the words ... create a clear and present danger ... that Congress has a right to prevent.
     A half century later, the Supreme Court decided we are a great enough nation that our freedoms extend even to resisting a war we are currently fighting, and Schenck was dialed back. Now to be illegal, speech usually must be libelous, or promote imminent lawless action — you are not free to deliver a speech urging your neighbors to kill someone.
     Nor can you own child pornography, and it’s important to understand why. Child pornography is among the most restricted material in our society. You don’t have to produce it or sell it to commit a crime; it’s a crime simply to possess it.
     Why does child pornography merit such a unique level of suppression? I’ll give you a hint: it’s called “child pornography.” Children cannot consent to sexual acts with adults and are severely damaged by being forced to do so. Child pornography hurts children, so we fight it with all the legal might our nation can bring to bear, even if it infringes on fundamental freedoms.

To continue reading, click here.


8 comments:

  1. Pretty strange "edging" for a walkway. When I first clicked on the image, I thought those bricks were boxes of ammo. I pity that poor kid...his father is one sick puppy.

    ReplyDelete
    Replies
    1. Speaking of that brick edging, it reminds me that bricks in a course on-end are called "soldiers." Those installed at an angle are "drunken soldiers." Then we have this guy...

      (I notice that the print edition doesn't render his shirt clearly enough to read the wording on it.)

      Delete
    2. It says: WARNING--I shoot shit...and has an assault rifle on it as well. Where was this image made? I'm guessing this goober is from Texas.
      .

      Delete
  2. I like the analogy. We get it. The other side won’t.
    Free speech does allow serious misinformation to be spread. Always has but now social media has allowed this to become a sport. One that has put this country on its heels. How the platforms are not held responsible is beyond me.

    ReplyDelete
  3. 17 assault rifles & 16 semi-auto pistols.
    That's not a sick puppy, but a full on whack job! There's at least $50,000 in guns there.
    He must think he'll be the only one defending the country from the Russians invading us!

    ReplyDelete
  4. The comparison of guns and child porn is apt on another level. The desire to own an AR-15, is itself an offshoot of childhood army fantasies boys revel in, playing Audie Murphy or John Wayne. They get to play with a half version of an M-16, made available to them by the minority of Americans clinging to the Second Amendment like a security blanket.

    ReplyDelete
  5. I know people who own firearms , several people. Some of them own several . A few own many. I own 3. occasionally I go to the range. I enjoy it. My grown son likes to shoot . He's good at it.

    A few years ago he told me he'd be willing to give up his weapons if it would end the senseless violence sweeping across our country, but it wouldn't because that would take everybody following the existing laws and they dont.

    I'm all for more laws , universal background checks, red flag laws, anything to reduce gun violence in America. Though I fear even getting rid of the second amendment and people turning in all the existing weapons wouldn't make it so some lunatic couldn't buy an illegal weapon and kill several people. At least it wouldn't happen as often

    ReplyDelete

Comments are vetted and posted at the discretion of the proprietor.