Supreme Court Strikes Down Ban On 'Virtual' Child Pornography
Supreme Court Strikes Down Ban On 'Virtual' Child Pornography
WASHINGTON -- In a strong defense of the First Amendment, the Supreme Court struck down a law banning "virtual" child pornography, which uses explicit images -- often computer-generated -- that appear to depict children engaged in sexual acts.
In a 6-3 decision, the court said that the statute was "overbroad and unconstitutional," citing language that bars any depiction that "appears to be" of a minor engaged in sexual conduct, or that conveys that impression. Congress had said the prohibitions were needed because pedophiles might use such material to either whet their appetites or entice children into sexual acts.
But, writing for the court's majority, Justice Anthony Kennedy said, "The mere tendency of speech to encourage unlawful acts is not a sufficient reason for banning it."
The 1996 Child Pornography Protection Act was passed out of concern that pornography laws hadn't kept pace with computer technology that its sponsors said had "opened the door to new means of producing a virtually limitless variety and quantity of high-quality child pornography."
In 1982, the high court ruled that child pornography isn't protected by the First Amendment because its production involved the actual exploitation of real children. In Tuesday's decision, Justice Kennedy wrote that "These images do not involve, let alone harm, any children in the production process."
What creep challenged that? Nothing screams pedophile like I'm suing to see virtual child porn
Yes and no SassyIrishLass
I know a civil rights and free speech activist
(atheist and progay radical liberal) who championed
the KKK right to march in Houston as a free speech issue.
The concept of defending the rights of any person
even if we diametically disagree in order to defend our own
is also a principle that motivates some of these lawsuits.
You are right, the same way legalization of marijuana was largely
promoted because people wanted their own recreational use,
of course there are people only pushing for their ulterior self interests.
But not all.
I don't agree with either pro or anti gay marriage pushing
their agenda through govt, but on Constitutional grounds
I will defend them both against infringements by the other
if EITHER SIDE attempts to abuse govt to establish their
own faith based biases or beliefs discriminating against the other.
And I don't agree with either one, they are both too biased for me.
But they both have equal rights to express and exercise their beliefs
for themselves without govt infringement, so I will defend that on principle
regardless of the content of their beliefs I don't agree with pushing through govt.