By Elena Chin

The Supreme Court has ruled that, “transmitting obscenity and child pornography, whether via the internet or other means, is…illegal under federal law for both adults and juveniles.”  

-Reno v. ACLU, 521 U.S. 844

Obscenity is not protected under First Amendment rights to free speech. Violating obscenity law is a criminal offense. Distributing obscene material to children under the age of 16 is even more strictly prohibited, and is likewise punishable under federal law. However, in 44 states nationwide, as sexual education curriculum, children in pre-school through grade 12 are being exposed to inappropriate explicit material that fits the legal definition of obscene. The same material, if presented to minors by adults other than educators or librarians, would be deemed obscene, harmful, and treated as a criminal act punishable by federal law.

Obscenity exemption statutes have made this possible. Forty-four states, including New York, have enacted obscenity exemption statutes, which allow public school educators and librarians to disseminate sexually explicit material if it is deemed educational:

In any prosecution for obscenity or disseminating indecent material to minors in the second degree….it is an affirmative defense that the persons to whom allegedly obscene or indecent material was disseminated, or the audience to an allegedly obscene performance, consisted of persons or institutions having specific educational, governmental or other similar justification for possessing, disseminating or viewing the same.  

-McKinney’s Penal Law § 235.15

Several states have attempted to eliminate these loopholes but failed, largely due to political pressure from the American Civil Liberties Union, the American Library Association, and LGBT advocacy groups. Consequently, children’s rights to equal protection under the law are being violated. Being sexualized prematurely is potentially harmful and may lead to mental health problems, sexism and objectification, sexual violence, and sex addiction. Exposure to what they are not developmentally, cognitively, or emotionally ready to see may also be traumatic.

Appallingly, the sexualization of children is being normalized. Their innocence is being corrupted by professionals they are entrusted to, funded by our tax dollars. If this is not happening in your child’s school yet, it will be eventually.  Local politicians including Senators Toby Ann Stavisky and John Liu co-sponsored Senate Bill S2584A, which, if passed, will require, “Comprehensive Sexuality Instruction…which conforms to the content and scope of national sexuality education standards,” for students in grades K-12. See the actual bill and the National Sex Standards New York schools will conform to if this bill passes, by scanning the QR codes below.

Unfortunately, the battle for our children’s minds transcends further beyond the classroom and our local politicians. Despite predominant legal prohibitions against such acts worldwide, the United Nations recently sponsored a report that asserted underage minors can consent to sex with adults.  Senator John Kennedy’s response to this was as follows:

“The U.N.’s effort to normalize sex with minor children is barbaric. It violates kids’ basic human rights and ignores our responsibility to protect them from abuse. American taxpayer dollars shouldn’t fund pedophilia or any organization that promotes it.” 

There was a time in America when we cherished and protected children above all else. We had car seats, movie rating systems, and age restrictions on liquor and drug use. We established an Administration of Children’s Services to protect children from parental and institutional abuse. They are no longer a protected class, but rather subjects of a sick social experiment; child abuse sanctioned by the state. They are vulnerable and defenseless. For the wellbeing of our children, we must put parenting before politics. It is more important to be awake than woke. Our children need our help. They are depending on us. We are their only defense. Be there any issue that we stand united on, let this be the one. We need to repeal the laws that allow this to happen.