Serious legal question regarding "adult toons"?
Hi. My little brother was just found (by my girlfriend) with images he printed off the internet of cartoon porn. Pics include Disney characters and the simpsons. Not we are not angry at all. I mean they are just cartoons... But my girlfriend said that these pics are actually child pornography in Canada. WHAT!?
She explained that in the US, it's protected under free speech but in Canada and other countries, it's child pornography if the pics included let's say Lisa or Bart simpson.
Is this true?
- 1 decade agoFavorite Answer
Your friend is correct, here is a short passage I got from Wiki for you, this describes the landmark court case that set the precedent.
United States v. Williams, 553 U.S. 285 (2008), was a decision by the Supreme Court of the United States that a federal statute prohibiting the "pandering" of child pornography (offering or requesting to transfer, sell, deliver, or trade the items) did not violate the First Amendment to the United States Constitution, even if a person charged under the code did not in fact possess child pornography with which to trade.
The decision overturned the Eleventh Circuit's ruling that the statute was facially void for overbreadth and vagueness. The Supreme Court reasoned that there is no First Amendment protection for offers to engage in illegal transactions, and that banning "the collateral speech that introduces such material into the child-pornography distribution network" does not in fact criminalize a "substantial amount of protected speech."
What this decision amounts to; If the porn figures are not based on real people, it's legal and not considered child porn. Since Lisa and Bart are not real people, it's fair game according the SCOTUS.
This is the precedent in the US, your friend is right about Canada having different laws.
- Anonymous4 years ago
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