Online Forty-Niner: Spring 2002: Opinion
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VOL. IX, NO. 104
CALIFORNIA STATE UNIVERSITY, LONG BEACH
April 18 , 2002


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opinion

Fight real, not imagined crime


The U.S. Supreme Court, in a decision Tuesday, rejected part of a child pornography law that, from the moment it was passed, was destined to be a lightning rod for controversy.
 
The decision was a victory for the rights of free speech, given that it came from the same group of nine that selected George W. Bush as president.
 
The court found fault with the part of the law that made it a crime to depict the representation of sexual acts by minors, without regard to how it is represented.
 
If strictly applied, the law would have covered the filmed depiction of sexual acts by actors portraying minors, even though the actors themselves were of age (which is the law anyway).
 
So, every coming-of-age story that tried to depict the burgeoning sexuality of adolescence would be classified as child pornography.
 
Films such as "Fast Times at Ridgemont High" and "American Pie" would go from the comedic cannon to the societal ashcan.
 
Though it would be nice to blame this silly law on Attorney General John Ashcroft and his "thought police" at the Department of Justice, the law dates back to 1999 and the "look-how-middle-of-the-road-I-am" presidency of Bill Clinton.
 
Ashcroft did express disappointment with the decision, saying that it will make it harder to prosecute child pornographers.
 
Seems the government will have to come up with an alternative to its usual sledgehammer method of law enforcement.
 
You know, where the government smashes its legal hammer down and counts how many cockroaches are killed as proof of its good works, overlooking all of the incidental ants squashed as well.
 
The other aspect covered by the decision was the digital manipulation of images to simulate child pornography.
 
This includes taking an image of a child and superimposing it onto a sexual image. While tasteless and deplorable, this falls under the spectrum of victimless crime.
 
The government should be focusing its crime-fighting efforts on those who actually abuse and exploit children for sexual purposes.
 
Based on a recent scandal, there seems to be a centuries-old religious institution that needs some looking into.
 
There is enough actual crime for the government to be seeking out without cracking down on potential, virtual or simulated crime.
 
Phil Witte is a journalism major at Cal State Long Beach.

filler


Phil Witte

Phil Witte

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