Originally posted by whodey
Killing to defend yourself is understandable, but sex for money is sex for money. You can hide behind the term "expression" all you wish. In fact, what if you payed someone to kill them and put it on film and sold it? Would that be covered under the First Amendment as well? My guess is no.
First, the First Amendment is not absolute. You cannot cry "fire!" in a crowded theater. If you do not understand that killing is not protected under the First Amendment, then you are a lost cause. Second, hide behind expression? Are you kidding. Freedom of expression is a fundamental principle in our society.
Third, I can't help your limited understanding or confusion that sex for money is protected under the First Amendment if a form of expression, and is not so protected if not a form of expression. It is basic constitutional law.
Per our Constitution, freedom of expression is more important than giving the government the power and ability to outlaw acts such as paying money for sex underlying the expression. I would think you would understand that instead of trying to impose some technical esoteric logic argument that has no meaning in the real world. Freedom of expression is a fundamental principle in our country and Constitution and more important than regulating prostitution or any underlying sexual act.
Moreover, paying money for sex as expression is a very different and generally much more involved undertaking than merely paying a prostitute to have private sex. Nevertheless, and most improtantly, it is expression, and the expression is intended to reach other people and a public audience.
Expression in all forms with all kinds of content is something the government should generally stay out of regulating. Once the government steps in, it can have a chilling effect, with the government deciding what and what is not appropriate expression.
It is also chilling to think that there are people like you who would degrade the Constitution by equating expression with prostitution, or asserting that regulating/outlawing prostitution or sex for money should be just as important or more important than freedom of expression.