Essay on Should We Support Virtual Pornography?

1520 Words 7 Pages
In today’s fast developing and modern society the thought of seeing two grown adults having sex is still considered taboo. Most Americans cringe at the thought of seeing pornography and dismiss the act as nothing more than a senseless lewd act. Yet, the Supreme Court held that pornography was to be considered a form of personal expression and should be protected under the first amendment (New York v. Ferber, 1973). The Supreme Court did not choose to extend the same constitutional protection to child pornography, arguing against its explicit and hurtful content. Supreme Court Justices argued that child pornography has no scientific, literary, artistic, or political value; they thought the material that was going to arise from child …show more content…
I shall argue that virtual pornography should be protected as a form of personal expression because its content has scientific, literary, artistic, or political value and if it not allowed to be expressed freely some valued speech will be “chilled’ or lost at the fear of being prosecuted. In order to delve further into the topic it is important to first define the legal meaning of child pornography. Child pornography is legally explained as any minor below the age of eighteen years of age that partakes in sexual activity or erotic behavior with the sole purpose of arousing the viewer’s sexual interest (legaldictionary.com) In New York v. Ferber- 1973, the Supreme Court ruled that child pornography was not entitled to first amendment constitutional protection and they offered five reasons why the government had significant interest to make such works illegal. The Supreme Court reasons to why child pornography should be banned are as followed: 1) the government has a high interest in preventing the sexual exploitation of children 2) there is a casual relationship between the sexual abuse of children and the distribution of children pornography. As long as the images are in circulation and not regulated, the victims of child pornography will always be reminded that they are victims. 3) allowing individuals to openly sell and advertise child pornography will create an economic incentive for producing child pornography 4) minors engaged in

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