More Evidence California Doesn’t Get That First Amendment Thingy…

It’s not the only one, but still…

Assembly Bill 1831, introduced by California Assemblyman Marc Berman (D–Palo Alto) this month, would expand the state’s definition of child pornography to include “representations of real or fictitious persons generated through use of artificially intelligent software or computer-generated means, who are, or who a reasonable person would regard as being, real persons under 18 years of age, engaging in or simulating sexual conduct.”

Does Berman comprehend why the possession of child pornography is a crime in the first place? Clearly not. Somebody please explain to him that the criminal element in child porn is the abuse of living children required to make it. The theory, which I have always considered something of a stretch but can accept the ethical argument it embodies from a utilitarian perspective, is that those who purchase or otherwise show a proactive fondness for such “art” in effect aid, abet, encourage and make possible the continuation of the criminal abuse and trafficking of minors. It is not that such photos, films and videos cause one to commit criminal acts on children. That presumption slides down a slippery slope that would justify banning everything from Mickey Spillane novels to “The Walking Dead.”

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Ethics Quiz: Sydney’s Expressive Yearbook Photo

My high school was never like this.

The photo above, believe it or not, was submitted to the Durango (Colorado) High School Yearbook as the senior photo of one Sydney Spies. The yearbook staff rejected it as inappropriate, and young Sydney is crying foul, saying that her First Amendment rights have been violated. Opinions differ on what message her photo was intended to convey. Suffice it to say that “Well, it’s late! I think I’ll go finish my algebra homework, read the Wall Street Journal and turn in!” is not one of the popular options.

Your Question in this week’s Ethics Quiz: Which party is in the wrong here? Continue reading