Congressional Digest

Supreme Court Debates October 2008 No. 7 Vol. 11
United States of America

Trafficking in Child Pornography

The Pandering Provision of the PROTECT Act

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United States of America

Petitioner

Paul D. Clement, Counsel of Record In 2003, Congress passed theProsecutorialRemedies and Other Tools to end the Exploitation of Children Today Act (PROTECTAct). Section 2252A(a)(3)(B) of the law provided that anyone who knowingly“advertises, promotes, presents, distributes, or solicits … any material orpurported material in a manner that reflects the belief, or that is intended tocause another to believe, that the material or purported material containsillegal child pornography commits a criminal offense. Congress passed thePROTECT Act after the U.S. Supreme Court had ruled, in earlier an earlierattempt to deal with computer-based child pornography, that the ChildPornography Prevention Act of 1996 violated…

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