Not every decision I make conflicts with the first Amendment. It's called
Prior Restraint. The constitution expressly prohibits such prophylactic injunctions as they apply to speech.
Please to tell me which part of that you don't understand?
Now, perhaps you are not American, in which case I apologize but I hope you can understand my perspective from that POV.
So far as I'm concerned this debate does not touch upon any of the above, which is all incidental to the heart of the matter, which, essentially, concerns whether there's reasonable justification for the banning of child porn,
in principle.
I think this makes my argument. Are you sure you want to go with this example? I'm libertarian small (L). One should not pass laws to limit freedom without a reasonable basis to believe that the law is for the greater good. Guessing just isn't good enough. [emphasis added]
I can see why you think this example "makes" your argument, and that more than crossed my mind when I reponded. However, I cite this example as simple proof that what you wrote here simply isn't true:
Is there any evidence that such a ban works? Just because it seems that such a ban would work isn't a reason to inact such a ban. You need to demonstrate that it will work. [emphasis added]
Clearly, one doesn't necessarily
need to demonstrate any such thing to get a ban enacted!
And BTW - in any event the example I cite would only serve to, at best,
support your argument:
- if it does, indeed, subsequently transpire that marajuana is legalised for recreational use because it passes the cost/benefit analysis test, and
- the cost/benefit for any such legalising the recreational use of marajuana equates to that for legalising child porn.
Neither of those is a given, and I strongly doubt that the second ever will be.
So yes, I will, actually, go with that example, thank you very much.
BTW - is "for the greater good" the same as passing the cost/benefit analysis test?
And I'm still puzzled as to why you persist on using the word "guessing", when, clearly, my rationale is based on far more than a guess. It's a clearly logically reasoned position - not conclusive, I'll openly and continue to admit - but it's logically reasoned nonetheless. That's good enough justification for electing to cross the road in my view!