The very idea of a father showing hardcore porn to his young daughters is so despicable that it invites taking the law into one’s own hands. Yet, that is what we have with daughters of Crystal Buckner. She is divorced from her husband and father of the two daughters. And the father is showing films of porn to his 8 and 9 year old daughters. The problem, alas, is that owing to a law created in 1970s parents in Texas are allowed to show harmful material to their children.
This is a marvelous case in which the intent of the law has misfired. No one—I mean absolutely no one—could have meant that it is alright to show hardcore pornography films to young children. Indeed, in the 1970s is was not possible to do so because such films were only available in theaters and it was not legally permissible to take a 8 or 9 year old into a porn theater. Alas, the father is forcing his father to view on-line pornography.
Now, it is the fact that children could not be taken into pornographic theaters in the 1970s that inclines me to think that the creators of the law did not have pornography in mind in putting in place a law according to which parents could show their children harmful material. The law clearly was intended to block the intrusion of the government into the way in which parents raise their children, merely because the parents have unusual practices. We understand that what some might deem harmful, others may not regard as harmful at all.
In the past, religious differences illustrated this point rather poignantly. Why? Because in the past it would have been perfectly “natural” for a Christian to think that parents raising their children according to a non-Christian faith were in some important sense harming their children. The Texas law passed in the 1970 allowing parents to show their children harmful material made it illegal for any Christian to take action against non-Christian parents raising their children on the grounds that the non-Christian parents are harming their children by not raising them as Christians.
It would never have occurred to the Texas legislators to think about pornography because (a) pornography was already understood to be adult material to which children should not have access and (b) in the public arena the fact of the matter is that children did not have access to porn.
Now, imagine parents showing their children how to kill themselves. After all, if the children simply “act-out” what they see on the film, then it will certainly be true that the parents did not kill their children, although upon the death of their children the parents might very well benefit from a huge life insurance policy. Does anyone really think that this action of showing the children how to kill themselves is protected by that infamous Texas law? Surely not.
To be sure, showing children pornography is not at all on the same plane as showing children how to kill themselves. Just so, it takes a pretty deranged person to show pornography to children. If nothing else, then, there is the issue of the father’s own mental instability.
Whatever the father might be doing, it cannot possibly be said that he is merely teaching children different values—values that are rather uncommon in most parts of Texas. Quite the contrary, the father is some version of what I shall a visual pedophile. He “gets off” on watching children being exposed to sexual material. And this is tantamount to a form of abuse. Indeed, it is to use children for prurient interests.
So, I am not at all persuaded that James Farren (the Randall Court District Attorney) cannot do anything. It seems to me that he has too quickly conceded that his “hands are tied”. When I consider how creative lawyers can be, I am more than a little appalled that Mr. Farren has not been a tad more creative. After all, there is the issue of child abuse. And I have indicated a way in which the father’s behavior can be readily countenanced as child abuse.
District Attorney Farren may not take the law into his own hands. However, he may certainly be sufficiently creative in thinking about the applicability of the law. And if indeed folks are so worried about counter lawsuits that in an instance such as this no one is willing to do anything to protect the children, then it has to be said is that as a nation the United States is doomed.
Just a few days ago, we have the case where 20-some people in California watched a gang-rape and now we have the case of a father showing hardcore pornography to his 8 and 9 year old daughters. The bright side, of course, is that there are great many people who do not behave in these ways. Painfully, though, there are sufficiently many people who do and the shadow of evil which they are casting is increasingly longer.