If, as the five justice majority of SCOTUS again ruled today, money really is speech, then why can one arrested for solicitation of prostitution not mount a defense claiming that he was merely doing the same thing as anyone trying to pick up a sexual partner in a bar, at a party or elsewhere.
The normal mode of pick-up is to talk to someone until such a time as they might be willing to engage in sex. Of course, it normally helps if one is attractive but we all know of cases where charm evinced through speech was enough to seal the deal.
Now, a john is offering money for a sexual act that he would not normally get. This is just what prostitution is. But, if money is speech in political contexts, why is it not speech in this context? And, if it is, the john is guilty of nothing more than speaking his way to sex. And that is mere fornication (or adultery), which is a crime almost nowhere these days.
By the same token, if a person accused of a crime has the right to argue his innocence—a clear instance of speech—why may he not simply pay the judge or jury a sum—money being speech—to make that charge disappear? Or do we already have that system?
Post a Comment