So I spent a lot of time on Twitter, scouring threads looking for people to argue with, and potentially persuade into seeing why lolicon/shotacon and other forms of fictional pornography are, and ought to remain, free and protected speech.
This usually involves explaining the difference between real-life and fantasy, citing studies, statistics, and other types of empirical data on psychology, pedophilia, and even US law and precedent.
However, there was one argument that made me think. One argument, that makes me scratch my head. Not that it destroys my premise, or disproves everything I say, but it does require an understanding of law, common law, as well as general dialectic.
Anyway, hereâs how it went. This was from an IRC chat I had with someone on Twitter who insisted on going to IRC, for whatever reason.
Me:
Lolicon is free speech. There is nothing wrong with it, as it is a form of fiction with no relevance, or effect, to reality aside from the expression and glorification of a sexual interest you happen to find distasteful or offensive, or even harmful, which it isnât and hereâs why.
proceeds to cite studies and statistics on abuse and fiction
Opponent:
Okay, fine, itâs not real, but I think it should be banned because it expresses intention to commit a crime. Loli/shota is basically saying âI have a sexual interest in children, here are drawings of children being sexually abused, I like this, this is what I like to seeâ
specifically cites a manga where the main character shouts âI want to have sex with a gradeschooler!â
Me:
Thatâs not an expression of intent to commit a crime, thatâs expression of a sexual preference through the use of explicit imagery and character dialogue.
You wouldnât consider the main character in a violent video game, story, or movie shouting âIâm going to kill someone right here, right nowâ and then depicting scenes of them doing just that, notwithstanding the lack of context within the narrative to justify or explain it, to be a form of intent by the author to go out and commit murder, would you?
Opponent:
No, I wouldnât, but thatâs because itâs unlikely that someone would express their intention to murder someone through a fictional book or story, and then do it. You canât take that kind of risk with this type of fiction, as itâs far worse of an implication if an implicit or thinly-veiled threat is expressed and followed-up on right under our noses because of your desire to allow pedophiles their right to express themselves.How far is
âI want to have sex with a gradeschooler!â
from
âIâm going to sexually assault a child!â?
Me:
Pretty far, considering that the line of dialogue youâre citing is from a fictional character in a fictional story, a story whose purpose is to narratively and artistically express the mere sexual interest in children, as an abstract concept, rather than the reality of children.
Moreover, youâre completely mischaracterizing the whole function of fictional works, which are designed and understood by their creators and consumers to be âfantasticalâ, where the laws, rules, and functions of the real world donât apply, in a disingenuous attempt to misrepresent the function of the work youâre citing, while also not justifying the lack of consistency with what you said about the phrase âIâm going to kill youâ in fiction, since it would be equally unwise for a rapist to express his intent to commit a forthcoming sexual offense against a person, as it would be for him to do so if the crime was of a violent or murderous nature.
Also, if you want to argue âlikelihoodâ and âoccurrenceâ as deflector points, I can easily say that threats, regardless of their nature, are typically more straightforward and less cryptic. Their purpose is to intimidate their victim, not play mind-games.
Whatâs the point of making a threat if itâs not going to be taken seriously or even read as a threat?Also, those two phrases ARE different. The average, reasonable person, is not likely to interpret âI want to do Xâ as an expression of an opinion, to be interchangeable with âI am going to do Xâ, a statement of intent to perform said action, especially in the context of something so heinous and serious, like murder or rape.
Yes, people may say things like âI want to knock the shit out of you.â as implied threats, but those are typically context-driven.
And given the context of the citation youâre giving is from a work of fiction, and that the average consumer isnât likely to be spurred to action or motivated to act on their sexual desires by simply reading it in a comic book, Iâd argue that your claim is unfounded.
Opponent:
When you see an advertisement for a McDonaldâs burger or something, itâs [sic] whole purpose is to make you go âOhh I want to eat thatâŚâ so youâre more likely to go out and eat it.
That phrasing I cited right there is precisely what they want you to think because thatâs typically how advertising persuades people to buy or do things.
Me:
Again, youâre missing my point about context and subject matter being more relevant here. A person going out and buying a burger because theyâre hungry or want something tasty to eat isnât really applicable to a fictional character expressing his desire to commit a heinous act against another fictional character in a story thatâs, first and foremost, designed to express and appeal to a specific sexual interest through literary and artistic means.
Youâre overlooking the meaning and value of abstraction.
Opponent:
Okay, sure. But good luck convincing others of that.
Conversation has ended
Their arguments got me thinking really hard, specifically their point:
How far is
âI want to have sex with a gradeschooler!â
from
âIâm going to sexually assault a child!â?
Were my points reasonable? Did I win the argument? If so, how well? What other points could I have made, and what else could be said about both my points, and theirs?
@terminus @richardcsummerbell
Pinging you guys since you seem like experienced and knowledgeable debaters.