I'm not sure I'm comfortable with establishing the principle that "significant emotional damage" is sufficient basis to make something illegal. That seems to lead to anybody who isn't a communist facing charges within a few short years.

I'm fairly sure that "Why shouldn't we make X illegal?" is the antithesis of US jurisprudence. US legal theory, in contrast to European, is that US citizens can do whatever the hell they like until they run up against the law, rather than being property of the state, graciously granted some small permissions if they promise to be good.