this post was submitted on 30 Jul 2023
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That particular argument doesn't hold water. We don't generally subscribe to this kind of argument.
The general principle behind the specific argument you bring up here is this: All expression which is likely to inspire someone toward illegal action should itself be illegal.
CP is likely to inspire some people toward child abuse. Child abuse is illegal. Thus the distribution of CP should be illegal.
We don't do this anywhere else.
Descriptions of non consesnual violence are likely to inspire some people toward non consensual violence. Non consensual violence is illegal. Thus the distribution of all descriptions of non consensual violence should be illegal.
If we take this seriously, we have to ban action movies. And I am not even getting into the whole porn debate...
No, the only valid reason for banning the distribution of child porn which I can think of, lies in the rights of the victims. The victims were abused, and their image was used without their consent. Without them even possibly being able to give consent to any of that, or the distribution that follows.
So anyone who shares child porn, is guaranteed to share a piece of media which shows someone being subjected to a crime, while they couldn't possibly give consent for that to be recorded, or shared publicly. Making it illegal to share someone being a victim of a crime, without them being able to consent to that being shared, is a reasoning which has far fewer problems than what you propose here.
I think that the right to privacy is greater than the right to free speech.
You raise a few valid points, but the problem with the action film thing is that it is fiction, and thus protected by free speech rights.
That's actually the main argument against lolicon being illegal: depictions of other crimes, including heinous ones like murder and rape, are not illegal.
Ultimately it comes down to inconsistency in the law, and sensationalism makes it very difficult to discuss rationally.
Yes we do. Plenty of stuff is banned by federal law. Snuff films, for the same reason as CP/CSAM. Obscene pornography (stuff showing abuse or degradation, even if it’s just acting) isn’t illegal to posses, but it is illegal to buy, distribute or carry across state lines. Ivory is illegal, unless you have a certificate proving it is from pre-1989. These are all banned to stop demand.
And that’s not even getting started Americas long history of banning books.
Do you get what I mean? If you do, why are you being so overly literal here?
And action movies are not. Neither are horror or slasher movies. Neither is porn. Even though each of them might (or might not) inspire and incentivize illegal deeds.
It is not a general principle we subscribe to. It is enforced very selectively, and only in areas that we find most shocking. Which is understandable, but neither reasonable, nor consistent. I don't know about you, but I think criminal law should be based on principles which are reasonable and consistent.
One such principle may be: "Media which may inspire illegal action, should be illegal themselves"
But that's not consistently enforced, but selectively, limited by criteria which seem dubious at best.
This is what I mean, when I say "This argument does not hold water"
And that's the interesting question: Why only these things, and nothing else? There is plenty of stuff out there which may inspire people toward illegal action, from real world depictions of violence, to action movies.
To me it’s more like “All situations where committing illegal actions could bring a positive feedback to the perpetrator should be avoided”.
Allowing CP to be shared, and thus sold/hosted on for-profit sites creates a market for it, and makes abusing children an actual profession. That’s not ok and already a talking point against the current, legal, porn industry.
that line of reasoning sort of assumes that there can't be a market for illegal things, something anyone should be able to realize is fundamentally untrue, examples; Drugs, Firearms, the very CP we are talking about, rape porn, snuff porn, etc... they all have markets even tho they are completely or partially (like the firearms, with only some falling into the category) illegal