A nationwide ban on “virtual” child pornography was struck down by the U.S. Supreme Court April 15. The Court found that the Child Pornography Protection Act was overly broad.
The law “prohibits speech that records no crime and creates no victims by its production,” Justice Anthony M. Kennedy wrote for the 6-1 majority. Instead, he said, “the statute prohibits the visual depiction of an idea- that of teenagers engaging in sexual activity- that is a fact of modern society and has been a theme in art and literature throughout the ages.”
Noting that children ages 16 or even younger are permitted to be married in at least 39 states, the Court said, “Pictures of what appear to be 17-year olds engaging in sexually explicit activity do not in every case contravene community standards.”
The majority opinion expressed doubt about a link between child pornography and child sexual abuse. Kennedy wrote, “The government has shown no more than a remote connection between speech that might encourage thoughts or impulses and any resulting child abuse.” But even if such a link were established, he argued, that would not justify the ban. “The mere tendency of speech to encourage unlawful acts is not a sufficient reason for banning it,” he wrote.
(EP)
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