[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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