Dear Readers,
Michael Gryboski, a writer for the 'Christian Post', called upon the
Libertarian Party for its reaction to a new "revenge porn" law being proposed
by Democratic Delegate-elect Marcus Simon (D/53rd (see the district map at
http://www.vpap.org/elections/district_redistricting/158 ).
The full article is here:
http://www.christianpost.com/news/states-look-to-ban-revenge-porn-110060/
If you have a few minutes this morning, please take 5 and contact your state
legislator and ask him to vote 'NAY' on HB 49. Here are a few talking points,
if you need them:
----------
The most obvious problem with a law like this is that it is too broad.
Although it is advertised and 'intended' to address 'revenge porn', the
language doesn't really distinguish what is or isn't 'revenge porn'. Lawyers --
like those who are employed by the state in prosecutorial offices -- often use
statutes like this to ruin the lives of people who were never the intended
targets of the bill's patron.
But on a more basic level, it interferes with freedom of speech. As FOX News
Senior Judicial Analyst Judge Andrew Napolitano correctly points out: The
Government has no business deciding which speech should be heard
spoken or, in
printed or digital form should be viewed. Criminalizing that which was freely
given and freely received would be invalidated under the First Amendment. The
First Amendment is not the guardian of taste.
The Libertarian Party strongly supports the First Amendment.
Libertarians believe that individuals should be free to make choices for
themselves and to accept responsibility for the consequences of the choices
they make. We must accept the right of others to choose for themselves if we
are to have the same right. Our support of an individual's right to make
choices in life does not mean that we necessarily approve or disapprove of
those choices.
Libertarian policies would promote a society where people are free to make and
learn from their own decisions. Personal responsibility is discouraged by
government denying individuals the opportunity to exercise it. In fact, the
denial of freedom fosters irresponsibility.
Only freedom truly solves the issues that come up in civilized societies.
Trying to solve those issues using the blunt-force trauma governments inflict
does little to solve anything. Instead, it often makes problem areas even
worse and ruins lives in the process.
Government should not "combat" revenge porn. It should, however, assume people
are adults and allow them to learn from their mistakes and otherwise take
responsibility for their own behavior.
There are ways to minimize the problem. Government can mediate disputes over
images by fairly enforcing and arbitrating contracts, when private mediators
and arbitrators cannot bring the parties in a dispute to a resolution.
Education is the only thing that will truly work to reduce instances of
destructive behavior. Nonprofit groups and educators can help by teaching
youth on the possible consequences of sending graphic photos of themselves to
friends. Educated young people mature into educated adults.
We hope reason will prevail and measures like this will be treated as the
affronts to adulthood they are. However, with a large majority in the House of
Delegates, big-government Republicans playing to their "law-and-order"
constituency, and Democrats itching for every opportunity to expand The State,
it might pass. Neither of them votes according to whether their laws are
constitutional or morally right; they vote according to how the political winds
blow behind their backs.
Lawmakers have a duty to protect the rights of everyone, even the unpopular.
----------
-- Marc Montoni, Secretary
Libertarian Party of Virginia
P.S. Have you seen an article that quotes a Libertarian in Virginia? Send us
the link to each article, and pen a few words to introduce it to your fellow
Libertarians!
P.P.S. Disagree with the author? Have a different perspective? Think there
is a better Libertarian answer? Are you a Virginia resident? Then publish
your op-ed in response on a blog or your website and let us know the URL, and
we will notify our members of it just like we did here.
============================================
RUN FOR OFFICE!
The Libertarian Party of Virginia is currently seeking candidates to run for
public office for the 2014 season. Let us know:
http://Campaign.LPVA.com
============================================
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