Matthew Schmitz, writing at Public Discourse:
Ogden has argued that a law designed to protect children from molestation and rape at the hands of child pornographers would “burden too heavily and infringe too deeply on the right to produce First Amendment protected material.” The law Ogden opposed reasonably asks that those who wish to profit by selling explicit content keep documents verifying that their models are of legal consenting age.
Even those who think that adults have a right to obtain and use pornographic material should recognize that David Ogden’s advocacy for the pornography industry goes much further. His position would allow the purveyors of exploitative images to hide their abuse behind a vanishing paper trail. There is some irony in the fact that while our country employs thousands of inspectors to ensure that meat and poultry are safe, David Ogden opposed even basic steps to ensure that the images consumed by pornography users are not of children. While David Ogden’s stated concern was protecting “free speech”—in his confirmation hearing he said that he is opposed to the exploitation of minors, and presumably he is sincere—it is hard to see any justification for a position that has the effect of abetting abuse . . .
