this post was submitted on 30 Jul 2023
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Yes we do. Plenty of stuff is banned by federal law. Snuff films, for the same reason as CP/CSAM. Obscene pornography (stuff showing abuse or degradation, even if it’s just acting) isn’t illegal to posses, but it is illegal to buy, distribute or carry across state lines. Ivory is illegal, unless you have a certificate proving it is from pre-1989. These are all banned to stop demand.
And that’s not even getting started Americas long history of banning books.
Do you get what I mean? If you do, why are you being so overly literal here?
And action movies are not. Neither are horror or slasher movies. Neither is porn. Even though each of them might (or might not) inspire and incentivize illegal deeds.
It is not a general principle we subscribe to. It is enforced very selectively, and only in areas that we find most shocking. Which is understandable, but neither reasonable, nor consistent. I don't know about you, but I think criminal law should be based on principles which are reasonable and consistent.
One such principle may be: "Media which may inspire illegal action, should be illegal themselves"
But that's not consistently enforced, but selectively, limited by criteria which seem dubious at best.
This is what I mean, when I say "This argument does not hold water"
And that's the interesting question: Why only these things, and nothing else? There is plenty of stuff out there which may inspire people toward illegal action, from real world depictions of violence, to action movies.