if that kind of porn was criminalized under federal law?
I think it’d be a 9-0 decision that it is not unconstitutional to ban that kind of porn. No one would want to write the opinion that “it’s tasteless but ….”
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if that kind of porn was criminalized under federal law?
I think it’d be a 9-0 decision that it is not unconstitutional to ban that kind of porn. No one would want to write the opinion that “it’s tasteless but ….”
by Anonymous | reply 4 | June 22, 2025 3:17 AM |
by Anonymous | reply 1 | June 22, 2025 2:25 AM |
Were you alive when there was commercial child porn and NAMBLA marched in gay pride parades? It was a very live and let live shrug of the shoulders to most, taking place in the glare of porn chic and sex lib. Most people and the courts simply had different priorities, for better or worse. How do you recall that period? I was only in my tweens when America decided to crack down on child porn in 1978. Most of it was produced in Europe. I still remember a columnist documenting their Asian child sex tour in a music magazine as late as the mid-1980’s.
by Anonymous | reply 2 | June 22, 2025 3:04 AM |
Courts before this current one would protect it as a constitutional right. Ownership of the actual stuff was only allowed to be banned by a 5-4 vote back in the 60s/70s and that's because its creation inherently involves an act that harms children. And for decades the Court, even as it shifted to the right, believed in an extremely broad definition of free speech that protected fake/virtual versions of it. As long as it wasn't real, it was protected.
The current Court would probably uphold a ban on the AI version of it. It's a different kind of right wing Court now. I'm worried about adult porn laws being upheld with this current Court and churchlady Amy Comey Barrett. She is not a moderate when it comes to church mom/lady issues.
by Anonymous | reply 3 | June 22, 2025 3:10 AM |
I recall there was a small NAMBLA contingent marching in the Boston Gay Pride Parade ‘89, my first one.
by Anonymous | reply 4 | June 22, 2025 3:17 AM |
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