You only have to deal with what "consenting adults" means(currently a hotbed of political discussion and activity), and what "distribution" means(a fundamental question behind the drug war, copyright infringement, and so on).
> I'd add incitement to commit crimes as an issue. But that falls under complicity or conspiracy to commit a crime. If the speech in question doesn't cross that line, then it should be free.
And where this line lies is not a topic of contention.
> That only leaves slander and libel. These are civil, not criminal matters and should be prosecuted as private matters based on the harm done to the individuals so slandered or libeled
That doesn't really explain how to define slander or libel, whether there should be exceptions to them ("fair commentary" based on presented facts, statements about public figures, minor errors..), whether there's a mens rea requirement to defamation, etc.
Most of these things are examples of contentions with not just a moral idea of freedom of speech but with the narrower First Amendment in the US. Legislating speech is complicated precisely because it has so much power and value. If it weren't both wonderful and dangerous, we wouldn't bother...talking...so much about it.
How do you feel about news broadcasts showing murders?
Or trespassers?
How about non-reporters using murder footage for some dumb purpose like background footage to their halloween album?
You can draw reasonable lines, but it's in a very different place from "depicts a crime yes/no".
Still ok to ban it. Clearly I am putting pornography in a different category from other forms of images and 'speech' but I'm comfortable doing so.
> How about non-reporters using murder footage for some dumb purpose like background footage to their halloween album?
Fine.
> You can draw reasonable lines, but it's in a very different place from "depicts a crime yes/no".
I agree. Depicting crimes isn't the problem, there's the issue of preventing incitement and blocking avenues for funding criminal activities. Pornography is so particularly and differently vulnerable to these abuses that I think special treatment under the law is reasonable.
I don't think holocaust denial should be a crime. Yes it's despicable, but I'd rather put it in the same category and hollow earthers and UFO spotters. We can't legislate people out of their own stupidity. It's not going to stop people holding such views or circulating them among themselves anyway, so it's utterly pointless.
For me Porn is easy too. If it only involves consenting adults, it's fine. If it doesn't then other crimes have been committed and distributing it is de facto complicity by association in those crimes.
That only leaves slander and libel. These are civil, not criminal matters and should be prosecuted as private matters based on the harm done to the individuals so slandered or libeled
I'd add incitement to commit crimes as an issue. But that falls under complicity or conspiracy to commit a crime. If the speech in question doesn't cross that line, then it should be free.
Anything left?