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I haven't read all the replies,
Yet, you quote only mine! I feel kind of honored, does this go back to the muslim hell thing, or is it just because my worm is hanging out in my AV?
My analogy wasn't bad at all, neither activity hurts or affects the children in any way at the time it is done, yet, if either set of photos were released they could have the same devestating effects.
It's as if you live in a black and white world. Yes we have the freedom of speech, but in a society freedom is by design limited to the extent that it does not impinge upon others basic rights. Freedom without limitation is anarchy. This form of expression has the potential to cause significant emotional harm to these children. Protecting children is hardly totalitarianism.
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So just why should the pictures not be taken in the first place? The only harm that is created is based in the culture of the people, and the external condemnation of other's. If you could remove that factor of externaly located harm, then there would be no reason why pictures such as these should be taboo.
Society is based on the culture of the people, laws are created to protect the values of the society. That's why I cant go to your house and stab you in the face for making stupid posts on the internet. In my eyes I might be doing the world a favor, and thus removing the potential for you to harm anyone further with your drivel, hell that might be the opinion of the entire forum, or even the entire internet, however, the majority of the society that both you and I live in feels that stabbing you in the face is a far more harmfull act than just allowing you to type whatever you please. It's the same reason I can't walk around the mall with no pants on. In my eyes I'm not doing anything wrong, hell, I'd probably be more comfortable.
We are bound by these laws not because you and I agree with them, but because the society that we live in and benefit from overwhelmingly does. It feels that the potential for harm from deliberatly or inadvertantly releasing child pornography far outweighs protecting the rights of those who wish to posess it. He will get a fair trial by his peers if the people decide to charge him, hell, the people will even pay for his attorney if he requires it, but in the end his fate will be decided by the law that the majority of the society he lives in feels is right.