@Renegade - I'm not disagreeing with you, but at first this may sound like it does:
What about kiddie pr0n?
This seems to be the ultimate sacred cow in America, where virtually everyone agrees that free speech stops before it gets to this, and that virtually any amount of encroachment is justified in preventing this.
So, two questions:
1) How confident are you that this type of speech is fundamentally different? Or are we just like every other society on the planet, just setting the line a bit differently?
2) Can you see any way to avoid the abuse of children in this manner, while not explicitly attacking the speech that communicates it?
-CWuestefeld
Good question.
It isn't speech. It's a spectator event. The audience is spread over time and space by the recording. The audience are participants in the event in the same way that spectators at a football or soccer game are participants.
The same can be applied to other events. However, there is still a very large difference between seeing a journalist having his head hacked off and kiddie porn. The first is a news worthy event, and generally the decapitation is left out. The second, while being a new worthy event, is so horrific that no part of it can be watched by anyone with even a smidgen of empathy in their selves without scarring the person.
If there were gladiatorial fights to the death fought with slaves, those (and recordings) would be similarly illegal for the same reasons - they are events with participants spread over time and space. They're not "speech". Now, if the gladiators are all participating freely, and all adults capable of making their own decisions, then that's a different story. Children on the other hand are not capable of making informed decisions with an understanding of the consequences.
Gore porn differs in that the images are taken by reporters, investigators, etc., and not staged/managed.
The possession of recordings (photos/video/whatever) of children being raped is in itself participation in the event, although removed by time/space, and those in possession are guilty of being accomplices/complicit.