Congressional Digest

Supreme Court Debates October 2008 No. 7 Vol. 11
Opinion of the Court

Trafficking in Child Pornography

The Pandering Provision of the PROTECT Act

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Opinion of the Court

The PROTECT Act Is Constitutional

Section 2252A(a)(3)(B) of Title 18, UnitedStates Code, criminalizes, in certain specified circumstances, the pandering orsolicitation of child pornography. This case presents the question whether thatstatute is overbroad under the First Amendment or impermissibly vague under theDue Process Clause of the Fifth Amendment.             Wehave long held that obscene speech — sexually explicit material that violatesfundamental notions of decency — is not protected by the First Amendment. Butto protect explicit material that has social value, we have limited the scopeof the obscenity exception, and have overturned convictions for thedistribution of sexually graphic but nonobscene material.              Over the last 25 years,…

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