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The Clash of Women's Rights, the First Amendment, and Government as Moral Police: Where Should the Line Be Drawn?

In this article we will discuss quite possibly a very controversial argument that delves into women's rights, the First Amendment, and the fight against pedophilia. We have enabled several links within text so you can follow along as well as fact check us. It's for you to decide!

We must ask ask ourselves if we actually have any rights, and if we do have rights then how far does those rights go? Is it possible to apply them equally, or will someone's rights suffer? If someone's rights suffer, then whose will they be, and how much should we allow them to suffer? Once we head down this slippery slope, will it stop, or will it continue? The United States Constitution says that "all people are created equal", but equal to what and to whom? Is this just a farce?

There is no doubt that we stand for the proposition that all women should be entitled to equal rights. A woman should have the right to choose when it comes to her body. Whether she wants to veil herself, to go nude, to perform in pornography pictures or videos, to become pregnant or not to. All of these are her choice. Do they affect her and only her? Or do they also affect others? Does the Government have a right to restrict these rights? Yet everytime we turn around it is the government saying what she can or cannot do.

In the United States a woman has a right to perform in a pornographic video or pictures as long as she is at least 18 years old. Then men and women who are at least 18 years old have a right to watch or obtain these videos. It does not matter, allegedly, if the government deems this material "obscene" or "immoral". There are countless websites that an individual can go to to see these pictures and videos, often with little to no filters. There is little to nothing that stops someone under 18 years old from clicking on and viewing this material. There are very little protocols on the end of search engines that stops or filters out any type of illegal content. This leaves a viewer to be honest that they are indeed at least 18 years old, and to be solely responsible for knowing if the content is legal or illegal.

Sometimes this is difficult to do depending on what an individual's "type" is. What about a legal age woman who is petite or flat chested? Take for example, a porn actress named Kitty Jung, who has many aliases. She is 4 feet 9 inches with a bust of 32AA, (i.e., flat chested), and has had her public hair completely removed. if you google "Kitty Jung 2008" when she first started appearing in porn at the age of 18 you will see a plethora of images that is difficult to know if she is legal or not. Comparing her stats with that of a typical child, they are similar.

The question becomes does she still have a Constitutional Right to perform in these pornographic videos and does these videos spur on pedophilia? Does the government have the right to intervene and tell this actress that she cannot perform? Or does the government have the right to tell the viewer that they do not have the right to view the images? What safe guards does the government use to ensure that a person is not convicted for images that are legal but reasonably could be construed as illegal? There are many porn actresses with this body type, so how does the rule get enforced? Does it get enforced? Is it equal or unbalanced?

The government has established a rule that there is a difference between "obscene" material that is viewed in your own home and "child pornography". The first is legal, but the latter is illegal. A person can quickly find themselves on the other end of an indictment and not even know it. Do you know the difference between the two? Can you define it with a legal certainty? Most cannot, in fact, I am not sure anyone could. Sure, it is easy when talking about the latter, but what about the scenario explained above with legal actresses who appear to be younger than legal?

The United States Supreme Court explained obscenity as: " The relevant standard for unprotected obscenity as whether to the average person, applying contemporary community standards, the dominant theme of the material taken as a whole appeals to prurient interest." Roth v United States, 354 U.S. 476, 489 (1957). Do you feel enlightened? So who determines these standards? The same people who say the government can decide when and if she can have an abortion?

Legal can turn to illegal depending on your legal defense, and if you know who the actress is. Did you get discovery? Did you see the image that the government is using against you? Most of the time a defendant does not get to view these images and must take the word of the government and their lawyer. What if your lawyer does not know the actress and goes just off of what the image looks like?

Should we ignore the difference between what is legal and illegal simply because a person likes or is attracted to someone who does not appear to be legal? Does this line of thought violate the woman's rights? Should she be left to be alone for the rest of her life, or to have no sexual intimacy simply because of the way she was born? This essentially would happen if we condemn every person who is attracted to her because of her youthful appearance. Where do we draw the line?

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