[Considering what a hot button this topic has become its a bit surprising that the 
robbed ones kept this aspect of the 1st intact.  It should be interesting to if 
Congress can craft a new reg which can pass muster.  Meanwhile, look for "pedo" 
computer games to appear.]

April 16, 2002
Supreme Court Strikes Down Ban on Virtual Child Pornography
By DAVID STOUT

WASHINGTON, April 16  In a case that addresses some of the most fundamental issues of 
technology and morality, the United States Supreme Court ruled today that Congress 
went too far in 1996, when it passed a law that treats "virtual" or computer-generated 
child pornography as the real thing.

The court held, 6 to 3, that the Child Pornography Prevention Act is overly broad and 
unconstitutional, despite its supporters' arguments that computer-generated smut 
depicting children could stimulate pedophiles to molest youngsters.

"The sexual abuse of a child is a most serious crime and an act repugnant to the moral 
instincts of a decent people," Justice Anthony M. Kennedy wrote in the majority 
decision. Nevertheless, he said, if the 1996 law were allowed to stand, the 
Constitution's First Amendment right to free speech would be "turned upside down."

"Congress may pass valid laws to protect children from abuse, and it has," Justice 
Kennedy wrote. "The prospect of crime, however, by itself does not justify laws 
suppressing protected speech."

http://www.nytimes.com/2002/04/16/national/16CND-PORN.html

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