> Democratically elected politicians enact laws that reflect the conservative views of their voters and that is totalitarian
I mean yes, democratic authoritarianism is still authoritarianism. Two wolves and a sheep voting on what to have for dinner and whatnot. Our affinity for democracy is not because it's perfect system that we can entrust anything to, but rather because it's the least worst option for deciding some things.
> so long as these crazy state laws reflect the views of those who live there
You're leaning on both the democratic and representational fallacies. At best you can say this law reflects the implied will of 55% of the state's population (or however much), but it's wrong to imply that the law reflects the deliberate views of everyone who lives there. Which is why we have the basic concept of rights that transcend the whims of representatives elected by a mere plurality.
I do value the idea that states should be free to set their own policies and have some competition between them, but as I've gotten older I've come to respect that a lot of people get stuck in their circumstances for whatever reason and guaranteeing basic rights to them isn't terrible. And communications you make from privacy of your own home most certainly fall in that category.
> If your fundamental human rights or other protected rights are violated I get it, but watching porn is not a right
This statement is the standard refrain of everyone who wants to diminish individual freedoms. "Rights are important, but <specific behavior> isn't a right". Meanwhile pornography has indeed become part of 1A jurisprudence. Legally I know things are a bit up in the air these days with the Supreme Council embracing collectivism to justify prohibiting fundamental medical care, but I personally view digital freedom as flowing from the general right to be left alone coupled with computational complexity (cryptography).
As such, talking in top-down prescriptive terms about what "ought to be" is trumped by what can be accomplished by individuals with computers. Despite the sarcastic moralizing, I really do think the existence of this law is great - people have been giving away too much of their digital autonomy in favor of convenient system-condoned offerings, and this law interrupts that pretty hard.
I mean yes, democratic authoritarianism is still authoritarianism. Two wolves and a sheep voting on what to have for dinner and whatnot. Our affinity for democracy is not because it's perfect system that we can entrust anything to, but rather because it's the least worst option for deciding some things.
> so long as these crazy state laws reflect the views of those who live there
You're leaning on both the democratic and representational fallacies. At best you can say this law reflects the implied will of 55% of the state's population (or however much), but it's wrong to imply that the law reflects the deliberate views of everyone who lives there. Which is why we have the basic concept of rights that transcend the whims of representatives elected by a mere plurality.
I do value the idea that states should be free to set their own policies and have some competition between them, but as I've gotten older I've come to respect that a lot of people get stuck in their circumstances for whatever reason and guaranteeing basic rights to them isn't terrible. And communications you make from privacy of your own home most certainly fall in that category.
> If your fundamental human rights or other protected rights are violated I get it, but watching porn is not a right
This statement is the standard refrain of everyone who wants to diminish individual freedoms. "Rights are important, but <specific behavior> isn't a right". Meanwhile pornography has indeed become part of 1A jurisprudence. Legally I know things are a bit up in the air these days with the Supreme Council embracing collectivism to justify prohibiting fundamental medical care, but I personally view digital freedom as flowing from the general right to be left alone coupled with computational complexity (cryptography).
As such, talking in top-down prescriptive terms about what "ought to be" is trumped by what can be accomplished by individuals with computers. Despite the sarcastic moralizing, I really do think the existence of this law is great - people have been giving away too much of their digital autonomy in favor of convenient system-condoned offerings, and this law interrupts that pretty hard.