I hear you and I don't disagree.
I still think private companies have the right to promote any racist, sexist, anti-semetic imagery they want - providing all the participants and stakeholders are 18+ and consent without duress. I know its a controversial opinion but I am a strong believer in protecting adults rights to free speech/expression even if it is against my individual interest or belief. As such, companies also have the right to accept the free market consequences, including the inevitable cancel culture, boycotting, bankruptcy, lawsuits, federal civil rights violations, and/or criminal prosecution should they engage in, or their promotion of these images reasonably leads to violence.
What companies don't have a right to do is use actual toddlers (who can't consent) in advertisements to promote practices that are clearly against their developmental interests and will cause them tremendous physical and psychological harm. Companies can't use toddlers in ad campaigns to legitimize pedophilia and sadomasochistic activities against other children, who again, can't consent to those sexual acts with adults nor agree to mutilation, abuse or sacrifices. It's about protecting the most vulnerable in our society until such time comes where they are legally able to understand the implications behind what their image is being used for. This is especially true now as there is a push to normalize this from sick adults, we have to quell it with full force.
I agree, especially with your second paragraph. That's what makes the combination of both of the recent ad campaigns SO troubling.
1) The Office ad with the Williams case - It's a stretch, but I may be willing to suspend disbelief that an office photoshoot for a fashion house advertisement would just HAPPEN to include a printout of a USSC case that over a decade old. It's odd, but whatever. I'm a lawyer who likes to read on paper instead of screens, so I have printouts of old court cases around my workspace too. The fact that it's the Williams decision is random, but on its own could be innocuous.
2) The photos with the kids - We don't need to go back over why so many people found these images so unsettling. I offer special thanks to tpf posters who were willing to share added context and insight based on their own experiences.
As some posters have taken great pains to point out, these are completely separate campaigns. Set designers, photographers, models, etc. for one likely had no idea what was included in the other. But what did they have in common? Balenciaga. I find it hard to believe that an image-driven fashion house wouldn't comprehensively review ALL photos for major ad campaigns for consistency and cohesiveness and brand messaging before allowing them to be used. And that's what generates doubt that it was all just a weird coincidence and Bal had no idea what was going on. Because including the Williams decision in the office ads introduces the idea that the research was done ahead of time about what the legal boundaries were for CP. I expect that lawyers for Bal/Kering did exactly that research, which is probably what led to green-lighting the kids' ad.
IMO, that's what makes this beyond the pale, and also makes me wonder what other photos may have been taken for the kids' ads that weren't used in the initial release or were deemed unusable. As we saw from the initial backlash and Bal's 'response' the image of the girl holding the bear was taken down, but replaced with one where a little boy is in the same room with the bear, but not interacting with it. I'll defer to those who have worked in photography/fashion, but it seems reasonable to assume that MANY photos of MANY different scenes were taken, giving the client choices for which images to ultimately use. Is that why Bal/Kering did their legal research about what is and is not permissible?
As I read back over this, there is a LOT of supposition and not giving Bal the benefit of the doubt. But it's hard to go easy on an international conglomerate including a fashion house that prides itself on pushing boundaries and being shocking when the other side of the equation are little kids having their picture taken surrounded by questionable objects. IMO Balenciaga is going to have to do a much better job explaining itself, the intended narrative behind the ad campaign, and what went awry, before they're in the clear again. My prediction is that they never will, which would only compound why they're problematic.