March 30th, 2004

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02:03 am - 1KWFFH: on the prosecution of victimless sex crimes by underaged self-offenders

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1KWFFH: on the prosecution of victimless sex crimes by underaged self-offenders - graffiti.maverick — LiveJournal

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[User Picture]From: chrismaverick Date: April 1st, 2004 - 01:48 pm (Link)

Re: free speech

yes, it does.... or in as much as the Supreme Court reckons our constitutional rights it does. Obviously, the Constitution (actually, the Bill of Rights) being written when there were no movies to include in the text. But, yeah, the Supreme Court has routinely applied free speech (and free press) to other media. The general consensus being that freedom of speech and press are meant to convey the freedom to dissiminate information. Advances in technology should embrace those freedoms, not strive to quash them. I can look of specific cases for you later, if you care. But just off the top of my head (and a google search) you can read the findings in (00-795) 535 U.S. 234 which shoots down Ashcroft's interpretation of the CPPA (Child Pornography Prevention Act). It references several specific of photography being constitutionally protected.

As an aside though, my issue with this girl is not really one of free speech. Maybe a little bit. What I more take offense to is kind of a "my body, my choice" issue. I would submit that at 15 years of age a citizen should be able to make choices about the dispostion of their own body. That means, I think she should be able to get an abortion, and she should be able to take naked pictures of herself. The law does not currently agree with me. But that's how I feel.

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