> The law is just as much about enforcing social mores and norms
replyThis shouldn't be the case in a society that supposedly values liberty.
There is no _society_ without _social_ mores and norms.
replyI'm not denying they exist, I'm saying a society that values liberty shouldn't enforce them by law.
replyThis is an argument I find myself making depressingly frequently to people I thought knew better...
replyFor drawings it has to additionally be "obscene" (since obscenity isn't protected by the first amendment). And there is also a specific law that criminalizes even non-obscene realistic computer generated imagery.
replyNot quite. There can be more restrictions on the distribution or promotion of obscene material, but mere possession of obscene material is protected by the first Amendment: https://en.wikipedia.org/wiki/Stanley_v._Georgia
replyThe reason why the Supreme Court upheld bans on possessing CSAM is not because it's obscene, but because it incentivizes abuse of children to produce it.
Stanley v. Georgia considered the question from the right to privacy side, not the first amendment. The relevant cases are https://en.wikipedia.org/wiki/Ashcroft_v._Free_Speech_Coalit... and United States v. Williams https://en.wikipedia.org/wiki/PROTECT_Act_of_2003#Supreme_Co...
replyThis is an extremely important point to understand. At face value, it can feel like CSAM should be protected speech, however repulsive. There are no laws against gore videos, though one might argue that death is worse than SA. However, we have substantial empirical evidence that CSAM directly contributes to offending behavior.
replyWe also acknowledge that participating in pornography requires consent, and that the continued distribution of nonconsensual pornography constitutes a continuing crime against the unwilling subject. Because children have zero legal capacity to consent, CSAM is de facto illegal.
It misses the point to think that CSAM is illegal because it is "obscene". It isn't illegal because it's disgusting; it's illegal because it's egregiously harmful to children. It's like thinking the bad thing a murderer did was make a mess.
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