18 April 2002

ROUGH WEEK FOR THE STATUE-DRAPER GENERAL
Boy, it must be tough being John Ashcroft these days. First the Supreme Court strikes down two subparagraphs of 18 U.S.C. 2256(8) (Child Pornography Protection Act of 1996), effectively decriminalizing virtual-child pornography* and the advertisement and redistribution thereof; then a federal judge in Oregon rules that physician-assisted suicide, twice approved by the state's voters, does not violate 21 U.S.C. 801 et seq. (Controlled Substances Act of 1996), and the Department of Justice's efforts to meddle amounted to an attempt to usurp the state's rights.

It's not a terrific week for the 104th Congress, either, now that I think about it. Maybe soon the flagrantly unconstitutional Defense of Marriage Act will get itself tossed out ...

[* The hypen belongs to Justice O'Connor, who draws a distinction between "youthful-adult pornography," featuring adults who look younger than they are, and "virtual-child pornography," featuring no real living people of any age. Both are permissible under the court's ruling. Interestingly, what we might call "virtual child pornography" -- no hyphen -- is still illegal, covered under 18 U.S.C. 2256(8)(c); "morphing," or computer-manipulating images of actual children to create the appearance of sexual activity in which those children never actually engaged.]

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