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Politics : Politics for Pros- moderated
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To: Brumar89 who wrote (477191)3/17/2012 4:22:19 PM
From: Jorj X Mckie1 Recommendation  Read Replies (1) of 793914
 
That's true as it pertains to the making of such things, but once it's been made why would an absolutist view of the 1st amendment provide a reason for objection? Note, that I'm (pretty literally) being a devil's advocate here and I don't favor such an absolutist view.

I recognize that you are being a devil's advocate with this question. I would also argue that this has nothing to do with what is being discussed. But I will answer anyway. I did address this in my post to simplicity.

A child cannot legally consent to having sex. A child also cannot legally consent to release their image for the gain of others.

A child forced to have sex is being raped. The recording of the rape is part of the rape and thus part of the initial harm. Disseminating and owning the material further violates the child's rights to privacy and compounds the initial harm.

There was a recent case with a celebrity that has some conceptual similarities. Scarlett Johanssen had her phone hacked and nude photos of her were disseminated. She took this very seriously because she did not consent to have her image distributed. By your (devil's advocate) argument, you could argue that once the image was taken, what harm could come to Ms Johanssen by distributing it to others to view. It is clear that the distribution and viewing of images obtained illegally are fruits of a poison tree. The courts took this seriously and went after any website that distributed the nude photos.
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