2002 Ron Paul 62:1
Mr. PAUL. Mr. Speaker, as a parent, grandparent
and OB–GYN who has had the privilege
of delivering over 4,000 babies, I share
the revulsion of all decent people at child pornography.
Those who would destroy the innocence
of children by using them in sexuallyexplicit
material deserve the harshest punishment.
However, the Child Obscenity and Pornography
Prevention Act (H.R. 4623) exceeds
Congress’ constitutional power and does nothing
to protect any child from being abused and
exploited by pornographers. Instead, H.R.
4623 redirects law enforcement resources to
investigations and prosecutions of “virtual”
pornography which, by definition, do not involve
the abuse or exploitation of children.
Therefore, H.R. 4623 may reduce law enforcement’s
ability to investigate and prosecute legitimate
cases of child pornography.
2002 Ron Paul 62:2
H.R. 4623 furthers one of the most disturbing
trends in modern politics, the federalization
of crimes. We have been reminded
by both Chief Justice William H. Rehnquist
and former U.S. Attorney General Ed Meese
that more federal crimes, while they make
politicians feel good, are neither constitutionally
sound nor prudent. Rehnquist has stated
that “The trend to federalize crimes that
traditionally have been handled in state courts
. . . threatens to change entirely the nature of
our federal system.” Meese stated that Congress’
tendency in recent decades to make
federal crimes out of offenses that have historically
been state matters has dangerous implications
both for the fair administration of
justice and for the principle that states are
something more than mere administrative districts
of a nation governed mainly from Washington.
2002 Ron Paul 62:3
Legislation outlawing virtual pornography is,
to say the least, of dubious constitutionality.
The constitution grants the federal government
jurisdiction over only three crimes: treason,
counterfeiting, and piracy. It is hard to stretch
the definition of treason, counterfeiting, or piracy
to cover sending obscene or pornographic
materials over the internet. Therefore,
Congress should leave the issue of whether or
not to regulate or outlaw virtual pornography
to states and local governments.
2002 Ron Paul 62:4
In conclusion, Mr. Speaker, while I share my
colleagues’ revulsion at child pornography, I
do not believe that this justifies expanding the
federal police state to outlaw distribution of
pornographic images not containing actual
children. I am further concerned by the possibility
that passage of H.R. 4623 will divert law
enforcement resources away from the prosecution
of actual child pornography. H.R. 4623
also represents another step toward the nationalization
of all police functions, a dangerous
trend that will undermine both effective
law enforcement an constitutional government.
It is for these reasons that I must oppose this
well-intentioned but fundamentally flawed bill.
