And I haven't gotten an answer to my question yet: Does a drawing harm children?
Here is your answer: Do you propose that we eliminate all laws against child endangerment? Or is your focus on harm issue-specific according to your needs?
A point I raised
a few days ago↑ is to consider that by the time we identify this or that person or circumstance as the perfect test case, just how much effort will we have put into finding the perfect test case to justify what everyone else, including the predators who want it, would acknowledge is child pornography.
This is hardly a Supreme Court of anything, but, still, political word games about a subject like this raise questions of priority. And that's the thing about the idea of the test case; as ill-conceived chatter the line of inquiry you pursue requires any number of unwise presuppositions about the behavior of the associated subsets.
Is it
The Song Remains the Same that includes a scene with naked English children running around near a stream? What about those old
National Geographic photos? How many horror writers of the 1980s pushed what boundaries? Even still, just how perverse do we want to get? Young people's literature: Judy Blume, and no, not for what you think. Robert Newton Peck. Madeleine L'Engle.
What makes society
really skittish is not simply the fact of people who can get off little bits and pieces that would otherwise seem innocuous if the question arose, but in their abstract potential are supposed to be somewhat vérité; there is also a question of proximity that arises when people are expected to entertain that those who cannot tell the difference between certain this, that, and the other are somehow expected to be received as if rational.
I remember, back in the Eighties, learning the obsolete
Roth standard that in 1957 finally superseded English Common Law, and the
Miller test that superseded
Roth, along the way in the music censorship disputes. The
Dost test, focusing on the prurience prong of
Miller in a pornography question gives, in light of known pathology, such extraordinary benefit of doubt that it has been criticized as making children themselves pornographic.
And the idea that we need to pick such nits in the first place is itself controversial. The answer, of course, is that we do because we must because we are asked to by people who think they need us to. And people perceive a dangerous question of proximity when they are expected to entertain such vagary so near to sensibility. And while I can remember an unsettled feeling in the time of
Miller and
Dost, what has become that much more evident in the time since is the consuming and escalating pathology of sex predators.
There has also been this weird apparent backlash in American society by which some moralistic attitudes seem to have given over to their own straw men; like after
Obergefell, of course someone was going to write that one article, and what stood out was that HuffPo published it. That is, the question is whether HuffPo is the outlet for
that discussion. That someone went and wrote it? Nobody should have been shocked and amazed at the advocacy for pedophiles; given the preceding
decades in which determined supremacists labored to manufacture an overlap, of course someone seeking justification in the world would try.
And, of course, there is irony in
Miller and
Dost that we only needed to parse in the first place because of moralists incompetent to observe and comprehend basic functional differences. Eventually, what stands out is that virtually any approach vector for this range of issues is problematic; I say virtually because there might be in this Universe a logical argument that appears to work and defies by sheer scale efforts to look beyond it, but at that point, someone has thrown down a hell of an effort, and everyone else is unsettled by the proximity of such priorities, that
this really is so important.