Child Sex Doll Ban - constitutional or not?

Hello. Im wondering, how is it possible to ban child sex dolls, if these dolls are considered sex toys, and banning sex toys is unconstitutional? Does that mean that the ban on sex dolls is UNconstitutional?

I was reading this: https://prostasia.org/campaign/and-justice-for-all/

At the end, i saw this:

" The law is clear: it is unconstitutional to criminalize the possession of sex toys ( Reliable Consultants, Inc. v. Earle ) or other material judged as “obscene” that doesn’t depict real children ( Stanley v. Georgia ). Banning sex dolls would not save children from sexual abuse, but it would needlessly and harmfully create a new category of sexual offenders. We’re committed to fighting the injustice of the JUSTICE Act, you can help us to do that."

It the ban is unconstitutional, then there is no need of organizations and campaigns against this ban. All it takes is one avegare person to file complain about the existence of unconstitutional bill.

Im not familiar with the laws in the US. I need explanation. If there is online option/form that i can use to send message to the conservative (possibly far-right evangelical) politicians who made these laws, explaining them to remove the bill, feel free to leave me link.

What is the situation in Australia? I heard that recently Australia banned hentai and loli, and child sex dolls. What are the motivation behind these action? I don’t think that politicians just wake up with these ideas to ban child sex dolls. Are they pressured by organizations/movements?

Well. it’s unconstitutional to ban mere possession, but receipt of the material thru interstate and foreign commerce can still be bannable. There’s a myriad of precedent in the realm of obscenity that needs to be revisited, hence why I constantly harp on it.

Prostasia is doing the right thing by campaigining against their criminality, even if they’re unconstitutional.

It is my belief, as well as those of civil liberties groups, that all laws which define “obscenity” are unconstitutional.

On the contrary, courts do not exist in a vacuum, they make decisions on the basis of the current period. With an organization, for instance, if someone is ever arrested, an organization can send the court an amicus brief filled with lots of evidence as to why it would be a bad idea to convict the person. Defense attorneys can also rely on organizations to gather such evidence.

And let’s say you can get a law struck, it will take years to do it, and it might be a tenuous precedent at best. It is best that such a law never gets passed in the first place.

Yes.

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Didn’t know where else to drop this, but there’s some disinformation that’s been going around for a while. Some sites, like sexdollgenie (sponsors of dollforum), have a chart ‘updated for 2021’ that claims they’re all illegal here:

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However, if there is an actual law, then it should be challenged for bein unconstitutional.

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this guide is wrong.

Child sex dolls are still and will likely remain legal to import, sell, and own in the United States. Only a few states regulate child sex dolls and to my knowledge, those rules aren’t even adequately enforced.

The Biden Admin. DoJ under Attorney General Merrick Garland is prioritizing crimes involving REAL children, not hypothetical or fictional ones, as an enforcement priority. Fiction shouldn’t be (and isn’t) a priority in any US states or territories.

Right now there are two bills in Congress that winge on about sex dolls, and neither one is likely to move anywhere in the current session. This is a good thing, considering that anti-sex doll advocates are LYING about sex dolls and exploiting real children to further their heinous and cruel agenda at banning a sexual preference they refuse to understand.

Agreed. Sex dolls are no different than any other fantasy or role-playing. Women who act out ‘rape’ fantasies with their spouse have no desire to actually be raped, a spouse pretending to be their ‘daddy’, I could go on. These are all harmless, consenting activities. To act out these fantasies in the real world would be a crime, and rightly so because it involves a perpetrator and a victim. Child pornography is illegal because there is a victim, it is evidence of abuse and deserves to remain illegal and a top priority for federal law enforcement.

Sex dolls, regardless if they look like an animal, a child, or even a character from a movie do not have a victim. They are inanimate pieces of plastic, used by an adult in the privacy of his/her own home.

I doubt those two bills will go anywhere, either. I know they’re banned in Florida but I have yet to see a test case, all it takes is one lawyer and one judge to throw it out as unconstitutional.

Technically there is no law on a Federal level regarding child sex dolls. But, as someone I know has been battling Customs and Border Patrol for the last year, there is a reluctance on the part of CBP to release such items. The case is ongoing, but CBP is still winning, legally or not.

they’re supposed to release the item if no attorney takes up a case after a specific amount of time. I hope your friend has an attorney ready.

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Thousands of dollars for an attorney for a $600 doll, is hard to justify. Know any cheap attorneys?