http://www.zenit.org/english/visualizza.phtml?sid=57569
Alan Sears on Free Speech, Censorship -- and Fighting Back
SCOTTSDALE, Arizona, JULY 29, 2004 (Zenit.org).- Pornography may be a thriving criminal enterprise, but a legal expert in the field believes the Church and the laity can stunt its growth.
Alan Sears, president and general counsel of the Alliance Defense Fund, served as the executive director of the Attorney General's Commission on Pornography under President Ronald Reagan.
Sears shared with ZENIT why pornography is not free speech, and why clergy and lay people need to break their silence and take action.
Q: Recently, the Supreme Court in the case of ACLU v. Ashcroft struck down the Child Online Protection Act as violating the First Amendment right to free speech. Why is pornography considered free speech?
Sears: First, the opinion was wrong. Advocates of a culture that supports the affirmation of life must reject any notion that most pornography is even "speech."
Of the five forms of pornography I mentioned earlier, at least four lack much, if any, constitutional protection even by the furthest stretch of the high court's imagination.
Obscenity and child pornography have never been within the bounds of "free speech," the First Amendment or equivalent state constitutions, except according to erratic decisions by courts in a few states such as Oregon and Hawaii that would amaze their founders.
Second, the term "pornography" is a generic, not legal, term. It relates to a broad range of sexual materials, some of which are protected by the First Amendment and some of which are not.
As noted by the Supreme Court in Miller v. California, in 1973: "Pornography derives from the Greek ('harlot' and 'graphos,' writing). The word now means 1) a description of prostitutes or prostitution 2) A depiction (as in a writing or painting) of licentiousness or lewdness: a portrayal of erotic behavior designed to cause sexual excitement."