FC: Why Ron Paul was only Republican to vote no on morphed-porn bill

[Declan McCullagh <declan () well com>]

Previous Politech message:
http://www.politechbot.com/p-03688.html

The roll call vote:
http://clerkweb.house.gov/cgi-bin/vote.exe?year=2002&rollnumber=256

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From: "Singleton, Norman" <Norman.Singleton () mail house gov>
To: declan () well com
Subject: RE: House votes 413 to 8, once again, to restrict "morphed" child porn
Date: Wed, 26 Jun 2002 16:14:09 -0400
MIME-Version: 1.0

Here is Congressman Paul's statement on morphed child porn:


Mr. Speaker, as a parent, grandparent and OB-GYN who has had the privilege
of delivering over 4,000 babies, I share the revulsion of all decent people
at child pornography. Those who would destroy the innocence of children by
using them in sexually-explicit material deserve the harshest punishment.
However, the Child Obscenity and Pornography Prevention Act (HR 4623)
exceeds Congress' constitutional power and does nothing to protect any child
from being abused and exploited by pornographers. Instead, HR 4623 redirects
law enforcement resources to investigations and prosecutions of "virtual"
pornography which, by definition, do not involve the abuse or exploitation
of children. Therefore, HR 4623 may reduce law enforcement's ability to
investigate and prosecute legitimate cases of child pornography.

HR 4623 furthers one of the most disturbing trends in modern politics, the
federalization of crimes. We have been reminded by both Chief Justice
William H. Rehnquist and former U.S. Attorney General Ed Meese that more
federal crimes, while they make politicians feel good, are neither
constitutionally sound nor prudent. Rehnquist has stated that "The trend to
federalize crimes that traditionally have been handled in state courts . . .
threatens to change entirely the nature of our federal system." Meese stated
that Congress' tendency in recent decades to make federal crimes out of
offenses that have historically been state matters has dangerous
implications both for the fair administration of justice and for the
principle that states are something more than mere administrative districts
of a nation governed mainly from Washington.

Legislation outlawing virtual pornography is, to say the least, of dubious
constitutionality. The constitution grants the federal government
jurisdiction over only three crimes: treason, counterfeiting, and piracy. It
is hard to stretch the definition of treason, counterfeiting, or piracy to
cover sending obsence or pornographic materials over the internet.
Therefore, Congress should leave the issue of whether or not to regulate or
outlaw virtual pornography to states and local governments.

In conclusion, Mr. Speaker, while I share my colleagues' revulsion at child
pornography, I do not believe that this justifies expanding the federal
police state to outlaw distribution of pornographic images not containing
actual children. I am further concerned by the possibility that passage of
HR 4623 will divert law enforcement resources away from the prosecution of
actual child pornography. HR 4623 also represents another step toward the
nationalization of all police functions, a dangerous trend that will
undermine both effective law enforcement and constitutional government. It
is for these reasons that I must oppose this well-intentioned but
fundamentally flawed bill.


Norman Kirk Singleton
Legislative Director
Congressman Ron Paul
US House of Representatives
202-225-2831 (ph)
202-226-4871 (fx)

"There will be no loyalty, except loyalty to the Party. There will be no
love, except love of Big Brother...  If you want a picture of the future,
imagine a boot stamping on a human face -- forever."

                George Orwell, 1984




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