There is situations when one fundamental right conflicts with another fundamental right. Your statement is that the fundamental right of free speech must always take precedence.
I see how fundamental right of a child for the privacy of his/her body [ note: a child can't give an informed consent to waive the right ] can be given priority over somebody else's fundamental right for free speech.
Unfortunately, in the case of fetish animal torture videos the Supreme Court took the side of the scum.
note: a child can't give an informed consent to waive the right
I don't think the consent argument holds water. We force children to do things without their consent all the time. We make kids go to school. Corporal punishment of children is legal in most states, both by parents and teachers. Children usually don't consent to such things, but we do it them anyway.
Sorry for nitpicking one thing out of your comment, but the "children can't consent" argument really gets to me.
There are certain activities that, by various state and local laws, require consent. Entering into a contract or getting married, for instance. A minor legally cannot consent to these things.
That doesn't extend to everything a child may do or be forced to do.
How does this relate to what Gaiman is talking about? How does the drawing of manga violate a child's privacy? There are no children involved, unless they're reading the manga, and the pictures aren't going to leap off the page and violate the child's physical privacy.
There is situations when one fundamental right conflicts with another fundamental right. Your statement is that the fundamental right of free speech must always take precedence.
I see how fundamental right of a child for the privacy of his/her body [ note: a child can't give an informed consent to waive the right ] can be given priority over somebody else's fundamental right for free speech.
Unfortunately, in the case of fetish animal torture videos the Supreme Court took the side of the scum.