Pittsburgh- Karen Fletcher of Donora operated a Web site where for $10 a month “members” could download fictional stories about the sexual abuse, rape, torture and murder of children.https://adultfyi.com/read.aspx?ID=19145
U.S. Attorney Mary Beth Buchanan would not tolerate this thought crime. A grand jury indicted Ms. Fletcher.
“This case is a very important part of our efforts to prosecute people who exploit children,” she said, announcing charges for acts that exploited no children.
“Use of the Internet to distribute obscene stories like these not only violates federal law but also emboldens sex offenders who would target children,” she said.
That line of reasoning, however, is not shared by the U.S. Supreme Court. Mrs. Buchanan must know that in 2002 it said computer-generated, fictional images of children engaged in sexual acts are protected by the First Amendment. Key to the court’s reasoning was that no flesh-and-blood children would be harmed in creation of the images.
When the basis for prosecution is speculation that fictional images or writings will lead to abuse, the First Amendment trumps conjecture.
Does Buchanan really believe the law is on her side, or is she abusing her prosecutory powers to frighten the porn industry?
Think about it: She cut a deal relieving former Pittsburgh Mayor Tom Murphy of prosecution for possible crimes in office involving real victims — the citizens of the city — but would go after a pornographer whose activities, while depraved beyond words, are not illegal.