The Feds Still Believe in Santa Clause

So there’s a law that “sets a five-year mandatory prison term for promoting, or pandering, child pornography. It does not require that someone actually possesses child pornography.” The Supreme Court published its verdict in a case on the law, and decided that the law was not unconstitutional.
An appeals court had previously stated that it was overly broad, as it punished the mere suggestion that you had child pornography, not the actual act of transferring CP or possession CP. If a person felt that you honestly had CP to provide, you were guilty of a crime.
There is some precedent for these types of penalties, including attempted murder, conspiracy, and so on. You didn’t actually murder someone, but you had done everything just short of murdering them. I understand laws based on situations like this, as it implies that someone is in grave danger and the plotter needs to be arrested to preserve the life of the intended victim.
In this situation, the person promoting the availability of CP might not possess it, nor do they have the intent to disseminate. However, suggesting that you do have it will get you 5 years in jail minimum. 5 years for not actually possession or distributing something. 5 years for talking about an imaginary product.
Governments have been pulling this crap for years with drugs. If you’re an undercover cop and I show up with baking soda and try to sell you it, pretending that it’s cocaine, many states will send me to jail for as long as they would if I actually had real cocaine. Never mind that I never bought, transported, or provided cocaine; my imaginary bag is somehow the same thing. It’s such bullshit. If anything, the people with imaginary drugs or imaginary CP should be charged with something like intend to defraud, although one might wonder if you can “legally” defraud someone of an illegal product or service.
I agree that CP and narcotics trafficing are major problems in our society; however, it drives me absolutely crazy that we lock people up for imaginary drugs or pornography that never existed, might never have existed, and which never passed from individual to individual. People might say that someone who pretends to distribute CP or drugs is perpetuating the overall problem, and I think that’s an incredibly valid point. Even so, imaginary is still imaginary in my book, and I’m willing to let it slide when we have no proof of imminent danger or distribution.
More from the article:
In the appeals court’s view, the law could apply to an e-mail sent by a grandparent and entitled “Good pics of kids in bed,” showing grandchildren dressed in pajamas.
But Scalia said the appeals court interpretation was unreasonable. “The prosecutions would be thrown out at the threshold,” he said.
I’m not sure what threshold he’s talking about. When CPS takes your kids away? When your name’s published in the newspaper? When the police hold you without bail? Apparently, he’s never read the news. A simple Google search will reveal scores of cases in which the lives of individuals and families were destroyed over innocent situations, like taking nude photos of your own kids running around the house. (Here’s a famous example of this.) American society has gone so crazy with its “do it for the children” fetish that they will throw people in jail, confiscate houses, cars, and bank accounts, and get people fired, all before they’ve been charged or found guilty. Never mind that they might actually be innocent once a reasonable inquiry is held; their lives, financial health, and reputation are irreparably destroyed.
Even if they throw the prosecutions out at the threshold [of the court], your life is over long before your date in the same building. Way to go Scalia, you dumb ass.








