The overall point is that the law is uncomfortably ambiguous in this case, as I see it.
There are levels of legality or illegality. In this case, I would not so strongly argue that possession is/is not or should/should not be illegal, as it is minor enough
to be unworthy of active tracking by law enforcement save for mass distributors of child pornography.
This is also how law enforcement in the US treats it for the most part - that unless you do something stupid to get yourself caught, like look at CP on a company computer and/or
view it while at work using company computers, take film rolls of your newest home-made stash to Walgreens or something equally absurd - they don't care too much. They are first and
foremost tracking the people making CP, followed closely by child predators using the internet to meet and rape underage children, followed by major online traffickers of CP. For practical
and logistics reasons possession is too petty and too difficult a crime to track on an individual basis for them to devote energy to. It *is* still a crime.
As far as how much sense making/keeping possession illegal makes, I'd say it's situational. Perhaps treat it like drug possession. If you just have a dime bag of weed and you're caught with
it, the penalty is comparitively minor to possessing large quantities which qualifies "intent to distribute/sell," and cops usually don't go sniffing for people who only have small amounts,
even though all possession is illegal.
"...However I think you were trying to make the point of "who is damaged" in the scenario. Well, you seem to have made the assumption that there is no damage to individual who "uses" child porn.
I'd like to know how many studies or testimonies of previous "users" will it take to convince you that it is/does"
You are making an equally fallacious assumption that it *does* damage individuals who use child porn. And damage to oneself is not a crime and falls under personal choice not withstanding restriction on controlled substances, and with contraband substances (drugs for instance) in which case the law concerns not the damage to yourself but the ban of the material altogether. And, you're going to run into a *LOT* of trouble trying to make that argument, for numerous reasons. At a baseline, it's similar in form to arguments/"studies" that pornography damages your character, hurts relationships, ends marriages, instills unhealthy addictions and so forth. These assumptions, and their not-so-hidden assumptions are only conditionally true, taken as a global generalization they are very false.
Modern rigorous studies of Human sexuality and relationships that are scientifically conducted and published demonstrate that pornography overall and its use is only destructive in the presence of other behavioral-cognitive issues. To illustrate a point by comparison, it's very similar to video games being potentially destructive to people who have underdeveloped or unsound reasoning skills and are unable to realistically evaluate priorities, distinguish between fantasy and reality, and or has predisposition to commit a criminal act beforehand. So, videogames didn't make your college student flunk out last semester, their inability to priorize their activities and budget their time was, video games were simply a replaceable tool used to that end. Pornography does not make one ignore their partner, view women only as sexual objects, make one disregard their responsibilities, and break up families - nor does it provoke them to commit rape or sexual crimes. The person in question was unable, unwilling or uninterested in maintaining a healthy relationship. They had pre-existing misogynistic or otherwise unrealistic attitudes toward the opposite sex that was not and could not be instilled by the existence and usage of pornography. They didn't abandon their family because of porn or the lure of another person in cyberspace - they quite frankly weren't cut out for the commitment involved with a spouse and/or family, or were unsatisfied with what they had, and were trying to escape reality to begin with, porn happening to be the tool used.
Arguments made, and "studies" that "demonstrate" "damage" done to individuals using porn have historically been religiously motivated, and on all counts have been demonstrated to be patently false. On the contrary, studies suggest that porn used by individuals and couples without aforementioned complications is healthy and can help maintain relationships long term - especially for partners with different appetites for sex, and who frequently want sex when their partner does not. There are plenty of people that don't like that idea and have issues multiple issues with the proliferation of porn including religious convictions, strong beliefs relating to fidelity sexual identity and the role of women in relationships and in society, and those who have strong associations of shame, disgust, and vulgarity with sex, sexual acts and open sexuality in general being among them... and these have always been the originators and supporters of such arguments. They're untrue, demonstrably untrue, and only work with crowds of people motivated by personal believe and emotion rather than reason and logic - similar to those who would take "...I'd like you to honestly think to yourself if you would have the same opinion if someone drew cartoon images of your wife, daugther, mother, or sister being raped." as rationale instead of objective logic.
This argument becomes even trickier when applying it to deviant sexuality, like genuine pedophilia and pornography associated with it. Much more rigorous studies on use of pornography focused on
deviant sexualities and fetishes such as bondage, sadism, masochism, rape fantasy, incest, loli & shotakon (drawn, juvenile female and male porn respectively), bestiality and the like show that there
is a disconnect between arousal and use of such porn, and likelihood of committing similar sexual acts or crimes associated with the sexual acts. That is, looking at incest porn won't make you want to
rape your sister, bestiality porn won't push you to couple with animals, lolikon won't make you go out molest children. These studies, while somewhat obscure being fringe studies of sexuality, are pretty
thorough in establishing there being a false or null correlation between perusal and action - studies conjecturing damage to individuals, morals, families, etc. are unable to adequately support a correlation, and are typically motivated by religious faith within the researchers which strongly blurs any scientific integrity their studies might have had.
It's a close extrapolation to extend the pattern to child pornography. There's a general lack of data studying people who peruse or are aroused by CP, and child molesters, for reasons I'm sure you can imagine. What data does exist including survey of people caught for trafficking and possession, as well as anonymous survey, support the trend seen in other deviant sexual arousal.
"...Third, I'd like you to honestly think to yourself if you would have the same opinion if someone drew cartoon images of your wife, daugther, mother, or sister being raped."
Your reasoning is unsound. You're making an argumentative appeal to emotion instead of using sound reason, which is what law and appeal and amendments to laws are meant to be based upon. And, it's dangerously close to "For the Children" arguments, which many people in support of heavy penalty and criminalization of CP possession rely upon, and you rely upon for in your arguments suggesting damage to individuals and others when one uses child porn, and that therefore there is a victim.
Yes, I'm sure most people would feel uneasy and enraged if they discovered there were cartoon images of their wife, daughter, mother, or sister being raped. My point is that unease and anger does not an illegality make, that hurt feelings and/or violation of one's moral and sexual sensibilities does not make the foundation of a crime and you can't justify criminalization or penalty purely by violation of one's sensibilities.
One of the larger issues with this, and legislation of pornography of various sorts is that you're far distancing yourself from legislation regarding material crime, or even crimes of intent (a large partof why studies demonstrating little or no link between pornography use and intent to commit a sexual crime) instead hovering uncomfortably near criminalizing ideas and feelings. Let's say I *DO* want to rape your wife, your sister, your daughter - but I never do. And I never take steps toward, or demonstrate a plan to do so. While that may be unsettling and upsetting to discover, it's not illegal. Nor is a fantasy of that nature, or what could be called a creative work of such an act (as with illustrations of rape, etc.). Going too far in illegalization and more so enforcement of possession of child, animal, rape, etc. porn differing from acting upon such arousal comes too close to legislating the expression and form of sexuality itself outside of material or intent crime committed... which is a large part of why US law generally does not go further than it currently does. In the past, we've seen such abusive lawmaking and enforcement applied to homosexuality. You can't uphold the letter of the law while violating the spirit and intention of the law.
Which touches upon your last statement, your quote of John Adams - "Lastly to address your comment about "land of the free," I'll just quote John Adams:
"Our constitution was made for a moral and religious people; it is wholly inadequate for any other." "
Yes, the constitution was made for a moral and religious people. But you miss both the letter *AND* the spirit of the constitution when you attempt to use that as justification for imposing YOUR specific morality and religion upon another person, which the Constitution and Bill of Rights expressly forbids in no uncertain terms. The intention of the Constitution and the establishment of a Federal Government and Judicial system was to protect its citizenry - not declare what is and is not, what is right and wrong and subject the people to it, outside of protecting personal rights and the common welfare. That would be fascist, not republican. Laws regarding transgressing the sensibilities of others on a moral and religious basis have been passed and enforced in our nation's history, and over time have systematically been revised if not overturned, since the framing of such laws are based in "community standards". The outlook and standard of moral and religious sensitivity changes depending on the community and time, and must be revised as these community standards change. In very conservative states, the sale of and distribution of porn within borders is outright illegal (Oklahoma last I checked, for example). Standards relating to "obscene or objectional media content" vary widely by states, based on what is determined to be the "community standard." Likewise, penalties regarding possession of CP and/or other exotic porn and engaging in such acts are stricter than in others. Some states drawn pornography depicting juveniles is outright illegal, whereas in others it isn't. Max Hardcore of video pornographic infamy was convicted and sentenced to several years in jail after years of his opponents seeking a way to shut him down, on a technicality of Florida state law which prohibits sale or distribution of pornographic materials through the mail... based on community standards of obscenity and indecency.
The spirit and wording of the Constitution makes it clear that personal choice, action and opinion are protected no matter what they may be so long as they don't fall into categories of property and material damage, physical damage to other persons, treason, or somehow damaging or impeding progress of the community. And correctly so, the Supreme Court has generally ruled when reviewing criminal laws and laws relating to personal rights that outside of quantifiable damage being done, people are free. You can someone for 'emotional distress,' but only if you can prove in a legal sense that concrete material harm or ability to engage in gainful activity has been harmed. Not just for hurt feelings.
The moral and religious people that framed the Constitution and wrote the Bill of Rights did not impart the right to impose laws based solely on your own or others systems of moral and religious judgement.