Congressional Digest

Supreme Court Debates October 2008 No. 7 Vol. 11
Child Pornography

Trafficking in Child Pornography

The Pandering Provision of the PROTECT Act

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Child Pornography

Federal Law and the Supreme Court

The First Amendment provides: “Congress shall make no law … abridging the freedom of speech, or of the press. Although the First Amendment, in general, protects pornography, the Supreme Court has held that it does not protect two types of pornography: obscenity and child pornography. Consequently, the government may, and has, banned them.             Child pornography is material that visually depicts sexual conduct by children and is unprotected by the First Amendment even when it is not legally obscene.   FederalLaw Federal statutes, in addition to making it a crime totransport or receive child pornography in interstate or foreign commerce,prohibit,…

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