Obscenity is in the eye of the beholder


To "protect the children," government is going to radically redefine both obscenity and the power to police it
This is absolutely ridiculous.

The stated intent of H.R. 3726 is to crack down on what Mr. Pence refers to as “home pornographers,” defined as people who create child pornography using their home computers. A close reading of the bill, however, reveals far more ambitious legislative objectives, including altering the federal labeling and record keeping law (U.S.C. 18 §2257) to include simulated, written and illustrated content, which directly implicates many if not most Hollywood films, expanding the reach of federal forfeiture laws to include 2257 violations and obscenity convictions, and enhancing administrative subpoena power to cover obscenity cases, making it easier for the government to compel a person to appearance or to obtain records in a legal proceeding without having to demonstrate probable cause before a judge. (emphasis added)

You can find the full text here, enter "H.R. 3726" in the search box.

If you look at the text, you'll notice that if it passes, the annual Sports Illustrated Swimsuit Issue would be illegal. So would the Sears catalogue. So would any sex videos that you might make with a willing adult partner. As would certain weather maps.

Why should I get so worked up over pornography?

Because, like it or not, pornography is an idea. This law may be "aimed" at child pornography but it goes much further. Ideas are important. Like this one.

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

Or this one.

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

Here's a pretty good one too.

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

Here is one of my favorites.

The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

You see, freedom doesn't discriminate. You can't have freedom of speech unless you can choose what to talk about. You can't have freedom of thought unless you can choose what to think about. That also means that you have to accept the consequences of your actions.

This infringes directly on your rights.

Today it is pornography. Tomorrow it may be "unpatriotic behavior." The day after, it may be "non-mainstream religions." Then it may be "public displays of affection." Finally, it may be failure to salute the flag.

Heck, we already know about cough medicine. According to several State governments, you can't be trusted to buy it without signing for it. Just as you can't be trusted to buy your own prescription medicines.

The Federal government doesn't trust you. The State governments don't trust you. And both are afraid of you.

Ideas have power. Especially the unpopular ones. The solution isn't to suppress ideas but to let people make their own choices.

— NeoWayland

Posted: Mon - September 26, 2005 at 04:53 AM  Tag


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