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amokk August 4 2007, 13:46:18 UTC
The US law linked doesn't make visual depictions child porn, they label them criminally obscene. The COPA tried to make them child porn and was struck down by the SCOTUS, this was Congress's reaction to that, which has yet to see a court case based solely on this (the one individual who was charged was also a sex offender with a previous charge of child porn and also had child porn at the time of arrest, so it's not just drawings, they were exacerbating).

However, I feel with the last SCOTUS ruling in this area, since there are no actual children harmed, they'll rule again that it's not something criminal.

But that's how our system works: Congress could outlaw wearing blue underwear on Tuesdays, and if it passes and gets signed it's law until someone takes it to court and it gets struck down.

Someone has to be willing to get arrested for simply having these drawings, then go through the time and cost of trial and appeals to the SCOTUS to get another crack at it, but that'll take years.

Until then, cowards like LJ admins who don't want to admit they're being extorted by right-wing nutjobs like WfI and PJ to restrict members' Constitutional rights will hide behind unconstitutional laws like this one, because then they don't have to be the cowards that they are.

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