Child Pornography Prevention Act

Case Type:		Actual
Exigence:		The 1996 Child Pornography Prevention Act extended the existing federal criminal laws against child pornography to the new computer media. As part of the overhaul, the definition of "child pornography" was extended to include "morphed" or computer generated images, and material advertised as child pornography. According to the law, `child pornography' means any visual depiction, including any photograph, film, video, picture, drawing, or computer or computer-generated image or picture, whether made or produced by electronic, mechanical, or other means, of sexually explicit conduct, where-- `(A) the production of such visual depiction involves the use of a minor engaging in sexually explicit conduct; `(B) such visual depiction is, or appears to be, of a minor engaging in sexually explicit conduct; or `(C) such visual depiction is advertised, promoted, presented, described, or distributed in such a manner that conveys the impression that the material is or contains a visual depiction of a minor engaging in sexually explicit conduct.'. The Free Speech Coalition, a consortium of adult entertainment businesses, has sued, arguing that the law is unconstitutional. In August, 1997, a federal appellate court struck down the statute. The Supreme Court has agreed to hear the case.
Audience:		The U.S. Supreme Court; you, the general public.
Possible Constraints:		From the legislature: A review of federal and state child pornography laws In the courts: On the current Supreme Court case, from Medill's On the Docket website. Resources on child pornography, from the Center for Information Technology & Privacy Law In the news: Federal courts split over constitutionality of computer child porn law (Freedom Forum, 9/98) Yahoo maintains a page of internet child pornography news links. In the world: related controversies. Are these works child pornography? Barnes & Noble accused of purveying child pornography The film The Tin Drum is temporarily banned in Oklahoma Are the works of these photographers art or child pornography?--a selection. How about USENET? Is it filled with child pornography? In Japan, there is a genre of erotic animation called hentai. Is the hentai version of something like Sailor Moon--a popular kids series with a schoolgirl heroine--child pornography? One final related question: Am I a purveyor of child pornography?
Decision:		Currently pending before the Ninth Circuit.
Related issues:		Harm to society Harm to individuals Offense Sex Art
Notes:		Used as a paper topic in Comm Studies C30.

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Copyright © 1998 Jean Goodwin. All rights reserved.
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Last updated 6 February 2001
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http://faculty-web.at.nwu.edu/commstud/freespeech/