Tuesday, May 20, 2008

Supreme Court upholds child porn law

Rejecting arguments that the law could be used against mainstream movies, the Supreme Court on Monday upheld a law that criminalizes the advertising and promotion of child pornography.

The 7-2 decision marked the first time the court endorsed a federal statute aimed at sexual materials on the Internet.

Other laws had been struck down as too broadly written and potentially affecting materials protected by the First Amendment. Dissenting Justices David Souter and Ruth Bader Ginsburg insisted that Monday's ruling undermines those precedents

The 2003 law before the justices was intended to curtail the exploitation of children by making it a crime to advertise, promote or solicit materials purported to depict children engaging in sex acts.

The law was challenged by Michael Williams, a Florida man who was caught in 2004 in a federal sting after putting out a message in a chat room that said, "Dad of toddler has 'good' pics of her and me for swap of your toddler pics, or live cam." He was convicted of possessing and promoting child pornography and received two 5-year sentences.

Williams said the law was too broad and could affect the marketing of movies that depict -- but don't really show -- adolescent sex. Williams' case was backed by the American Booksellers and other publishing groups. (full article)

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