TIP: Click on subject to list as thread! ANSI
echo: askacop
to: TOM RIGHTMER
from: RON TAYLOR
date: 1998-01-21 09:17:00
subject: Kiddie Porn

TR>Let's get away from juveniles and pornography and talk about a very simple
  >example involving freedom of the press. XYZ newspaper does not have the 
righ
  >to print lies about you which will defame your character. If XYZ is
  >restricted in an example this simple, surely there would be many more
  >restrictions in the publishing of child pornography. There is no
  >Constitutional Right to illegally victimize another, most especially so 
when
  >you are talking about children. Just thoughts.
Tom, the key factor is `damage' to one or more parties.  Your XYZ paper
would be guilty of damaging the name of the individual that they lied
about.  The same story, if true, would have the same effect on the
person's public image, but it is legal because the person's actions were
the cause of the damage...his own fault, not that of the newspaper.
No constitutional "freedom" extends to the point that it is legal to
damage another person.  Therein lies the answer to the entire
discussion of censorship.  Does the _information_ itself cause damage to
someone?
As to child pornography... it is the consensus that a child does not
have the maturity to make the decision and that he/she will most likely
be emotionally and/or physically damaged by the acts that are necessary
to create the pornographic materials.  Consequently, the products of
child pornography are illegal.  It is not a matter of censorship.
As to the old adage, "Its illegal to yell 'fire' in a crowded
theater"... I'm not sure that that is necessarily true.  I'm willing to
bet that if someone did yell, "FIRE" in the theater and NO ONE MOVED,
there would be no consequence to the person.  If however, the crowd
stampeded and someone got hurt.. _damaged_... then the person would be
held responsible.  It is not a matter of censorship.
Censorship only applies when you limit knowledge or restrict the freedom
of expression to eliminate the _potential_ of damage.  Then you tread on
the freedom of the one that would use the _same_ knowledge for the
benefit of his fellow man.  Think about the total effect before you
agree that THAT is a good idea.
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