In a surprising decision, Adams held “In my view, the magistrate was correct in determining that, in respect of both the commonwealth and the NSW offences, the word ‘person’ included fictional or imaginary characters …”
McEwan had pictures of cartoon characters likes Bart, Lisa and Maggie Simpson having sex. Presumably, if he had simply stuck to the Homer and Marge, he would have been just fine. Well . . . at least not convicted.
Of course, the court failed note that the father in this broken Springfield family has also been caught on tape buying pornography:
[Homer walks up to the counter in a convenience store]
Homer: Yeah, um, give me one of those porno magazines, a large box of condoms, a bottle of Old Harper, a box of panty shields… [rapid undertone] and some illegal fireworks… [normal voice] and one of those disposeable enemas. You know what, kake it two.
Owner: My apologies sir, but the sale of fireworks is strictly prohibited in this state and is punishable by- [the only other customer in the store walks out the door] follow me.
The Bush Administration and members of Congress have repeatedly sought to impose criminal penalties on “virtual pornography,” computer generated images (including child) that are very life like. However, even that effort has been stymied by the courts for good reason. It is very difficult to support a computer generated figure as a “victim.”
This issue came up under the Child Pornography Prevention Act of 1996 (“CPPA”). In Ashcroft v. The Free Speech Coalition, the Ninth Circuit held the CPPA to be unconstitutional. However, four other circuits upheld the law. The U.S. Supreme Court held that section §2256(8)(B) of the CPPA “abridges the freedom to engage in a substantial amount of lawful speech.” The Court held that a criminalization of “virtual child” pornography would be overbroad and thus unconstitutional under the First Amendment.
In the meantime, the virtual victims of the Simpson family are safe and presumably being counseled by Dr. Marvin Monroe and represented by the able counsel of Lionel Hutz.
Part of the problem is that the police themselves are distributing this smut. Consider this scene:
Lisa: Chief Wiggum, how did you get these tickets?
Chief Wiggum: Krusty knows how to play ball.
[Flashback: Krusty sits in a porno theater. Wiggum enters behind him.]
Chief Wiggum: Ahhh…nothin’ beats a good porno movie!
Where is your outrage now, Justice Adams?
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