Uh, actually, there are a couple crimes involved. I cannot cite the USC or MPC off the top of my head but there are typically "Use of minor in sexually oriented material" style offenses, endangering and enticing statutes, pandering, importuning and prostitution, in that actors are being paid for a sexual performance. Additionally the oft discussed sexual activity, contact or conduct may pose a distinct assault offense.
I continue to fail to see the merit in arguing that porn involving minors is a First Amendment issue. The Supremes have long held, over both liberal and conservative Courts, that freedom of speech is'nt absolute. It is also difficult to claim an entitlement to privacy when using what is basically a public utility, the internet.
If people are going to argue that Rodin could be considered porn in the same league as kiddy porn it invalidates the constructionist premise. Any form of speech, or any other activity has to be judged on a continuum of legitimacy. A rhetorically and forensically sound argument can be made for many, many fringe statements, but it will be difficult to do so for some forms of porn, primarily kiddy porn, bestiality and depictions simulated or otherwise of violent sex offenses. As strict constructionists willing to claim that the drafters wanted to protect these forms of speech?
I continue to fail to see the merit in arguing that porn involving minors is a First Amendment issue. The Supremes have long held, over both liberal and conservative Courts, that freedom of speech is'nt absolute. It is also difficult to claim an entitlement to privacy when using what is basically a public utility, the internet.
If people are going to argue that Rodin could be considered porn in the same league as kiddy porn it invalidates the constructionist premise. Any form of speech, or any other activity has to be judged on a continuum of legitimacy. A rhetorically and forensically sound argument can be made for many, many fringe statements, but it will be difficult to do so for some forms of porn, primarily kiddy porn, bestiality and depictions simulated or otherwise of violent sex offenses. As strict constructionists willing to claim that the drafters wanted to protect these forms of speech?