Jack McClellan, 45, is a pedophile. For several years, McClellan ran a Washington-based how-to website for child molesters, entitled "Seattle-Tacoma-Everett Girl Love." On the website, McClellan posted pictures of minors and offered advice to his evil colleagues. "It might seem provocative to be hanging around elementary school playgrounds these days," McClellan posted, "but I've been surprised at how close you can get to some and how long you can loiter there without being noticed (or at least questioned) If the kids aren't out on the playground, the next recess will probably be in less than 2 hours!"
McClellan says he is attracted to girls, ages 3 to 11. "I guess the main thing is I just think they're cute, a lot cuter than women. I admit there is kind of an erotic arousal there," he told Fox News.
McClellan's notoriety in the Washington area led him to relocate to Santa Clarita, California, where he promptly began his activities anew. Last week, Los Angeles Superior Court Judge Melvin Sandvig placed a restraining order on McClellan, restricting him from approaching within 30 feet of any minor in the state. Judge Sandvig further ordered McClellan not to contact any minor in any way, not to take pictures of children without their parents' consent, and not to hang around areas frequented by minors.
There's only one problem. In all likelihood, the restraining order will be struck down as violative of the First Amendment.
Current Supreme Court doctrine probably protects McClellan's web postings. Sure, the postings target children. Sure, they encourage other pedophiles to engage in child molestation. Sure, they victimize minors by placing their pictures in the pedophiles' indexes. But where the First Amendment once protected political speech, it now protects some of the most degraded and evil behavior imaginable.
For the last half-century, the Supreme Court has consistently broadened protections for pornographers and child molesters. In 2002, the Supreme Court construed the First Amendment to protect virtual child pornography (Ashcroft v. The Free Speech Coalition, 2002) -- child pornography produced utilizing computer-generated minors. Striking down the Child Pornography Prevention Act of 1996, the Supreme Court gushed about the possible artistic, literary and social value of child pornography. "[T]eenage sexual activity and the sexual abuse of children have inspired countless literary works," blathered Justice Anthony Kennedy, author of the majority opinion, citing "Romeo and Juliet," "Traffic" and "American Beauty."