More on Virtual Child Pornography

An Anonymous Coward writes "As noted previously, the Supreme Court has ruled the "Virtual" child porn act unconstitutional. LawMeme has an analysis of the Ashcroft v. Free Speech Coalition Supreme Court decision that discusses the case's impact on copyright, DMCA, CBDTPA, and machinima as the future of pornography."

Comments

Harmful versus distasteful.

[fmaxwell]

Somewhere, someone got the twisted idea that child pornography was illegal because it is, to most viewers distasteful and offensive.

Child pornography was illegal because it relied on the exploitation and sexual abuse of children. Virtual child pornography, created wholly by computer, does not endanger children. In fact, I submit that it reduces the danger to children. I would much rather that a pedophile be sitting in front of his computer screen than prowling the streets around an elementary school.

Unfounded arguments that virtual child pornography will lead to pedophiles molesting more children are illogical. People don't normally view pornography and then seek out a victim. Men who buy Playboy Magazine do not normally view it and then go out to sexually assualt women. So it makes no sense to assume that a pedophile would view child pornography and then go out to sexually assault children.

I think that the Supreme Court took a step back from the brink here. We were on the virge of creating a whole class of victimless thought-crimes that would have had a stifling effect on free speech.