Wednesday, January 11, 2012

Child Pornography


In 1996, Congress passed the Child Pornography Prevention Act (“CPPA”) to provide a broader protection against sexual exploitation of children. This act prohibited “any visual depiction, including any photograph, film, video, picture, or computer or computer-generated image or picture” that “is, or appears to be, of a minor engaging in sexually explicit conduct…” In short, it prohibited pornographic images in which the actors could be taken for minors, as well as computer-generated or virtual child pornography.

Many people had averse views of the CPPA, and the Supreme Court foresaw the CPPA capturing a substantial amount of constitutionally protected speech. The court had an issue against the banning of material that merely “conveys the impression” that it contains depictions of children, whether or not it actually consisted of child pornography. The Court also disagreed with the CPPA when it came to real versus virtual child porn.

Many people disagreed with the Courts opinion saying that virtual child pornography encourages the sexual appetite of pedophiles, hence prompting abuse of real children. They also said that virtual child pornography could be used to groom children for abuse if a pedophile showed virtual depictions of naked children adult-child sex to potential victims in order to lower the child’s inhibitions.

On the contrary, many also supported the Courts decision saying that if we restrict virtual child porn that could “encourage pedophiles”, we would also have to take other measures such as stopping the school systems from reading Shakespeare’s Romeo and Juliet because it could encourage young adults to commit suicide.

Which argument do you support? 





Source: http://www.law.nyu.edu/ecm_dlv3/groups/public/@nyu_law_website__journals__review_of_law_and_social_change/documents/documents/ecm_pro_063994.pdf

2 comments:

  1. Here is the difference we as humans have the right to choose what we do with our own selves. these children don't they are forced or told what to do. not knowing the full details or what the out come could have on other children. Those that are watching are more likely to then act upon them, not saying that all do. But are more free to do so, because they have children or know children around them. Children are easy prey, because they trust others to protect them not to harm them. However, in the case of adults that look like they are minors, I think although they have a choice be in that industry. I think that they should be held accountable as an accessory. They maybe doing is solely for the money, but they know what they look like, what they are representing. They are only helping fuel this despicable industry of child pornography more. yes it is those "adults" right, but is it really right to do it, knowing the possible outcome of your actions?

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    1. This is very disturbing! It makes me question the moral values of the people we have sitting on our Supreme Court, that they would support the acts of pedophiles. There should not be ANYTHING (virtual or real) out there for the pedophiles to "feed" their addiction.
      About Romeo and Juliet, I don't think enough school-aged kids read the book to influence them in any way. Suicides are astronomically high too--many times because of the sexual abuse/bullying that's been done to them.

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