Defending First Amendment In Child Porn Case

Response to Porn charge called attack on close thought
The article describes a oddball in which an Ohio humilitary personnelkind, 22, is supercharged with two counts of creating kidskin pornography for writing stories in his diary. Ultimately, he pleads guilty to one count in exchange for the arc of the other, and is given a seven year sentence. The prosecution is in some way able to make a child pornography case out of the existence of words in a clannish journal, which is both unfortunate for the man and, in my opinion, a shrill violation of the First Amendment.
Consider the source of the journals discovery. According to the article, the mans probation officer came across the journal during a search of his home, and subsequently gave it to state prosecutors. This is very calorie-free evidence that the journal was otherwise inaccessible to any component of the public, and that the man simply wrote down his thoughts. So far, the courts have upheld the public notion that at that place can never be a crime committed simply by thinking there simply is no actus reus without an observable action. However, by writing his thoughts kinda of merely thinking them, the Ohio prosecutors successfully charged him with multiple counts of creating child pornography.



There would be a strong case against the man if the evidence against him were obscene photographs of actual children, but in feature there were only writings of fictional stories containing fictional characters. given that the man was (or at least should have been) the only ships company involved in the observance of the journal, there was no victim (either an individual or society), and thus there should be no crime.
The article presents some arguments defending the prosecution. One argument is that by writing such obscene material about children, the man is inherently more(prenominal) dangerous to children. These people support the grow and incarceration of a man who they feel is probably more likely to maybe commit some crime someday. I would challenge this...If you want to get a full essay, put it on our website: Ordercustompaper.com



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