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The US constitution refers to "freedom of speech" and "freedom of the press", not "freedom of expression". Besides which, I'm rather dubious of the notion that legal restrictions on commercial entertainments constitute a restriction of "freedom of expression". After all, everything that can be done for money in public can also be done for free in private. If sexually-oriented films, literature, pictures, and other entertainments, are really a legitimate art form, pursued for its own sake, it will florish even if there's no money to be made (I wonder how many nude models would work for free), but at least the rest of us won't be subjected to the advertising.
As it is, I don't see commercial pornography to be much different from prostitution, which is properly outlawed most in places. In fact, I would argue that those who engage in sexual activites in front of a paying audience (either live or on film) are just as much prostitutes as those who have sex with paying customers.
A good rule might be this:
If it's legal to do it in a public place, it should also legal to do it in publicly exhibited films, on public stages or in publicly distributed media. If it's illegal to do it in public , it should also be illegal to do it in publicly exhibited entertainments (or publicly distributed media). I should make it clear that I'm not writing about play-acting, but actual deeds. It's one thing to portray a bank robbery for the purpose of telling a story; it's quite another to distribute nude photos primarily for the entertainment value.
John L. Ries - Posted by: John L. Ries Posted on: 03/26/04 You are currently: a Guest | Members login | Terms of Use
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