by Mike Masnick
Thu, May 22nd 2008 4:04am
I certainly have absolutely no problem with the government going after folks involved in child pornography. However, they shouldn't stretch the laws so far as to make it ridiculous. Unfortunately, however, it looks like the Supreme Court is allowing them to do so. In a recent decision, the Supreme Court okayed a law that makes it illegal to simply try to convince someone else that child pornography is available -- even if it is not. That is, merely telling someone that there is child pornography at a certain link could be considered illegal. Two justices dissented, but seven said the law was fine. The lower court seemed to have it right, noting how problematic it was that this law would apply to "any promoter -- be they a braggart, exaggerator, or outright liar -- who claims to have illegal pornography." However, the justices, led by Justice Scalia, seem to say that the law would only be used in cases where it made sense. Of course, given how often we see laws twisted beyond their original purpose, this seems difficult to believe.
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