There is an awful lot here to unpack here (which is fine).
Could you clarify: But unlike slavery, it does not necessitate harm to others without consent?
Sure. The key word here is "necessitates". It is not necessary to harm someone, in order to create pornography. Slavery, on the other hand, is harmful to others by definition. So already the analogy begins to fall apart.
Stating that porn is expression and therefore a human right isn't really saying much other than acknowledging that governments have decided to use the Miller Test (or other such criteria) to determine that porn (i.e. the kind of legal stuff you find on Pornhub etc) is legal.
This is incorrect. If I didn't want to say much other than "acknowledging that governments have decided to use the Miller Test..." Then I would have made that acknowledgement and proceeded from there. As it happens, I don't much like the Miller test, or the whole concept of obscenity as a special form of expression that needs to be especially regulated.
But in fact I did want to say much other than that. I wanted to say that I believe it is a human right to create pornography, full stop. This is a much more important idea, giving serious cause for concern when we consider calls for government interference.
If we want to talk about human rights then we shouldn't leave out referencing the
UNCRC, which states:
Children should be able to access information they can understand on TV, radio, in books and newspapers and on the internet. Governments should make sure children are protected from things that could harm them.
Children and young people should be protected from media that would be harmful to them. This includes:
- pornography,
In fact I don't put much stock in the UNCRC, either. However, out of respect for those who do:
Two rights can be in conflict with each other. In my view, most legitimate limitations on the exercise of a human right deal with cases where one right bumps into another. Obliterating one right, in whole or in part, to make room for another, is usually not a good approach to such dilemmas.
Like I said, I think some infringements on the right to free expression are necessary. I think such infringements as we commonly apply tend to satisfy the criteria of strict scrutiny. I think a blanket ban on all pornography, broadly defined, does not meet the standard I have set.
Aside from everything else, I think it is anti-social to introduce AI output into a conversation between humans. You may not think this very important, as you don't seem to think the human right to free expression is very important, but it's very important to me.
UNICEF:
The UN Convention on the Rights of the Child (UNCRC) is an important, legally binding agreement signed by 196 countries (as of 12 July 2022) which outlines the fundamental rights of every child, regardless of their race, religion or abilities.
Wikipedia:
The United States has signed the United Nations Convention on the Rights of the Child (UNCRC); however, it remains the only United Nations member state to have not ratified it after Somalia ratified it in 2015.
The US aside, governments have a legal duty to protect children in the way described. They have not done so.
I think they have. I think that where there are gaps or shortfalls, least-intrusive adjustments to the current restriction schemes are the proper approach. Not a blanket ban on all pornography, broadly defined.
I note you agree that porn is having pernicious effects and isn't necessary.
I note that this is as far as you seem to have gotten, in understanding and addressing my rebuttal. Which is to say, not far at all.
Please take some time to unpack my argument from strict scrutiny, and my full rejection of your argument by analogy to slavery. These constitute the meat of my rebuttal, to both your proposal of a blanket ban on porn, and your slavery analogy. If you can't unpack and address that part of my rebuttal, then you haven't really addressed my rebuttal at all.
*I disagree about "unpacking". I've already opened the suitcase, taken everything out, and laid it all in a tidy arrangement on the bed for you to inspect. You don't need to dig deeper, trying to bring to the surface whatever it is I'm really saying. It's all right there. All you have to do is read it, and address each point as you come to it, as best you can.