williams
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speech
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respondent
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circuit
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amendment
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press
pittsburgh
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relations
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circuit
mistakenly
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plaintiffs
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argue
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regulates
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hoffman
estates
flipside
hoffman
estates
nn
eleventh
circuit
mistakenly
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american
communications
assn
douds
pp
reversed
scalia
delivered
opinion
roberts
stevens
kennedy
thomas
breyer
alito
joined
stevens
filed
concurring
opinion
breyer
joined
souter
filed
dissenting
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ginsburg
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petitioner
michael
williams
writ
certiorari
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eleventh
circuit
may
justice
scalia
delivered
opinion
section
title
code
criminalizes
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specified
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pornography
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whether
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held
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roth
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scope
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convictions
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graphic
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miller
california
see
also
jenkins
georgia
last
years
confronted
related
overlapping
category
proscribable
speech
child
pornography
see
ashcroft
free
speech
coalition
osborne
ohio
new
york
ferber
consists
sexually
explicit
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portrayals
feature
children
held
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proscribes
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pornography
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held
government
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may
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mere
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material
involving
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compare
osborne
supra
stanley
georgia
broad
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proscribe
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four
terms
ago
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cppa
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speech
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speech
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criminalized
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speech
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punished
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subsection
supp
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defines
sexually
explicit
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actual
simulated
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whether
persons
opposite
sex
ii
bestiality
iii
masturbation
iv
sadistic
masochistic
abuse
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area
person
violation
incurs
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sentence
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maximum
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act
express
findings
indicate
congress
concerned
limiting
prohibition
material
proved
feature
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speech
coalition
required
enable
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pornographers
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conviction
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stat
emergence
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technology
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picture
files
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children
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justice
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pornography
internet
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line
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file
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facts
appear
opinion
eleventh
circuit
april
respondent
michael
williams
using
sexually
explicit
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name
signed
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room
secret
service
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room
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miami
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dad
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cam
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photograph
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miami
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pictures
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uplink
cuz
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charged
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right
challenge
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district
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challenge
sentenced
concurrent
sentences
two
counts
sd
app
pet
cert
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eleventh
circuit
reversed
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certiorari
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first
amendment
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speech
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hand
threat
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board
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univ
fox
broadrick
oklahoma
invalidation
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los
angeles
police
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quoting
ferber
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require
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statutes
ferber
osborne
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speech
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pornography
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targeting
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person
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ed
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new
york
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defined
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bestiality
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imulated
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whether
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expressive
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offers
engage
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excluded
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amendment
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pittsburgh
press
pittsburgh
human
relations
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empire
storage
ice
one
think
principle
resolves
present
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since
statute
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pornography
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supp
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free
speech
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eleventh
circuit
however
believed
exclusion
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amendment
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many
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sell
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ohio
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pandering
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speech
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pornography
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amendment
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eleventh
circuit
erroneously
concluded
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applied
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congress
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circuit
believed
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pornography
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illinois
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rel
madigan
telemarketing
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provide
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circuit
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government
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logic
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brandenburg
promotion
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pornography
protected
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pornography
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eleventh
circuit
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crimes
proposals
engage
transactions
may
include
protected
materials
gives
three
answers
none
comes
grips
difficulty
raised
question
first
ante
says
simply
wrong
say
act
makes
criminal
propose
lawful
transaction
since
element
forbidden
proposal
must
express
belief
inducement
believe
subject
proposed
transaction
shows
actual
children
go
point
objection
act
criminalizes
proposal
transaction
described
virtual
protected
child
pornography
point
proposals
made
criminal
express
belief
refer
real
child
pornography
relate
extant
material
demonstrated
show
real
children
may
prohibited
proposal
covers
existing
photographs
act
require
requisite
belief
manifested
encouraged
reality
subjects
correct
belief
prohibited
proposals
may
relate
transactions
lawful
well
unlawful
pornography
much
may
said
second
answer
proposal
commit
crime
enjoys
speech
protection
ante
reason
given
answer
face
source
difficulty
action
actually
contemplated
proposal
transfer
particular
image
criminal
turns
actual
child
shown
photograph
ferber
free
speech
coalition
good
law
facts
sufficient
conviction
act
suffice
show
image
perhaps
merely
simulated
thus
transfer
image
outside
bounds
constitutional
protection
reason
enough
say
first
amendment
protect
proposals
commit
crimes
rule
rests
assumption
proposal
actually
commit
crime
act
may
turn
crime
general
rule
unprotected
criminal
proposals
cover
case
like
proposal
transfer
may
turn
fake
child
pornography
third
answer
analogizes
proposal
attempt
commit
crime
relies
rule
criminal
law
attempt
criminal
even
impediment
makes
impossible
complete
criminal
act
possible
impediment
advanced
age
say
simulated
character
see
ante
although
actual
transfer
speaker
mind
may
turn
criminal
argument
goes
transfer
intended
speaker
criminal
speaker
contemplated
transfer
real
child
pornography
transfer
real
child
pornography
criminal
fact
circumstances
believes
material
depict
actual
minors
defense
attempt
engage
unlawful
transaction
invoking
attempt
doctrine
dispense
free
speech
coalition
requirement
circumstances
case
incoherent
act
fails
fit
paradigm
factual
impossibility
qualify
extended
version
rule
incoherence
answer
scheme
act
appears
supp
criminalizes
attempting
conspiring
violate
act
substantive
prohibitions
including
pandering
provision
treating
pandering
species
attempt
thus
mean
statutory
inchoate
offense
attempting
attempt
commit
substantive
child
pornography
crime
metaphysician
imagine
system
like
universe
inchoate
crimes
expandable
indefinitely
actual
principles
criminal
law
let
alone
first
amendment
protection
threatened
see
lafave
substantive
criminal
law
ed
certain
crime
actually
defined
terms
either
attempting
certain
crime
argument
crime
attempting
attempt
persuasive
serious
failure
attempt
analogy
however
unjustifiable
extension
classic
factual
frustration
rule
action
specifically
intended
criminal
act
completed
intending
killer
mistakenly
grabs
pistol
loaded
blanks
committed
homicide
bullets
gun
impossibility
completing
intended
act
shooting
bullets
prevented
completion
crime
however
proposed
transaction
identified
pornographic
image
without
showing
real
child
matter
parties
believe
matter
exactly
defendant
actions
conform
intended
course
conduct
completing
transaction
mind
turns
reasonable
doubt
real
child
used
make
photos
none
respectively
conviction
crime
thus
classic
impossibility
example
attempt
liability
course
conduct
intended
completed
owing
fact
defendant
mistaken
precludes
completing
intended
physical
acts
reasoning
attempt
liability
even
contemplated
acts
completed
exactly
intended
crime
committed
attempt
liability
recognized
thus
making
way
proposal
liability
analogy
first
response
demur
example
drug
dealer
sells
something
else
ante
package
baking
powder
powder
cocaine
example
one
doubts
dealer
may
validly
convicted
attempted
drug
sale
even
know
baking
powder
selling
yet
selling
baking
powder
criminal
selling
virtual
child
pornography
response
suffice
however
overlooks
difference
lawfulness
selling
baking
powder
lawful
character
virtual
child
pornography
powder
sales
lawful
constitutionally
privileged
justification
within
bounds
rationality
suffice
limiting
baking
powder
transactions
regulating
discharge
blanks
pistol
virtual
pornography
however
held
fall
within
first
amendment
speech
privilege
thus
affirmatively
protected
merely
allowed
matter
course
question
stands
proposal
may
turn
cover
privileged
expression
subject
standard
attempt
liability
next
response
deals
privileged
character
underlying
material
gives
another
example
attempt
presumably
made
criminal
case
mistaken
spy
passes
national
security
documents
thinking
classified
secret
fact
declassified
made
subject
public
inspection
ante
publishing
unclassified
documents
subject
first
amendment
privilege
claim
value
fake
child
pornography
assumes
document
publication
may
punished
attempt
violate
restrictions
assume
based
mistaken
belief
underlying
material
real
child
pornography
looks
deterrent
value
justifies
prosecuting
mistaken
spy
like
mistaken
drug
dealer
intending
killer
presumably
validate
prosecuting
make
proposals
fake
child
pornography
significant
differences
cases
security
documents
pornography
without
real
children
government
documents
blank
cartridges
baking
powder
involved
deterrence
promoted
without
compromising
important
policy
true
criminalizing
mistaken
child
pornography
proposals
three
dispositive
differences
first
law
criminalize
proposals
transactions
fake
well
true
child
pornography
like
attempts
sell
cocaine
turned
baking
powder
constitutional
law
lose
something
sufficiently
important
made
multiple
holdings
line
child
pornography
may
suppressed
fake
child
pornography
falls
within
first
amendment
protection
one
seriously
assume
today
decision
government
go
prosecuting
defendants
selling
child
pornography
requiring
showing
real
child
pictured
free
speech
coalition
prosecute
merely
proposing
pornography
transaction
manifesting
inducing
belief
photo
real
child
pornography
free
need
demonstrate
extant
underlying
photo
show
real
child
act
enforced
function
meant
merging
whole
subject
child
pornography
offense
proposing
transaction
dispensing
element
underlying
subject
eliminating
need
prove
real
child
loss
consequence
possibly
less
pornography
available
owing
greater
ease
prosecuting
simply
must
line
government
may
suppress
may
segment
line
gone
went
great
pains
draw
ferber
free
speech
coalition
worth
drawing
worth
respecting
facing
attempt
line
provisions
act
second
reason
treating
child
pornography
differently
follows
first
deluded
drug
dealer
held
liable
attempt
crime
risk
eliminating
baking
powder
trade
lawful
commodities
likewise
mistaken
spy
convicted
attempting
disclose
classified
national
security
documents
worry
lawful
speech
suppressed
consequence
unclassified
documents
question
quoted
newspaper
unclassified
documents
circulate
analysts
politics
foreign
policy
able
rely
act
effectively
eliminate
requirement
proposal
relates
extant
material
class
protected
speech
disappear
true
lost
short
merit
intrinsic
value
reason
protecting
unpopular
expression
finally
act
stands
applied
identifiable
extant
pornographic
photographs
practical
terms
ferber
free
speech
coalition
fall
left
empty
overruled
formally
case
well
considered
recently
decided
free
speech
coalition
put
aside
mere
six
years
good
reason
another
pair
first
amendment
cases
come
mind
compare
minersville
school
dist
gobitis
west
virginia
bd
ed
barnette
barnette
set
reason
abrupt
turn
overruling
gobitis
three
years
nothing
explained
attempts
baking
powder
unclassified
documents
punished
without
damage
confidence
precedent
suppressing
protected
pornography
differences
dispositive
eliminating
line
protected
unprotected
speech
guaranteeing
suppression
category
expression
previously
protected
reducing
recent
carefully
considered
first
amendment
precedents
empty
shells
heavy
prices
paid
without
substantial
offset
missing
case
hence
answer
justification
saving
act
attempt
get
around
holdings
hold
transaction
turns
fake
pornography
better
understood
incomplete
attempt
commit
crime
completed
series
intended
acts
simply
add
crime
owing
privileged
character
material
parties
fact
deal
upshot
absolute
rule
relationship
attempt
liability
frustrating
mistake
attempts
frustrated
mistake
punishable
mistaken
assumptions
expressive
material
unprotected
bar
liability
attempts
commit
crime
legitimacy
attempt
liability
turn
consequences
protected
expression
law
protects
protected
category
expression
inevitably
suppressed
first
amendment
safeguard
left
pointless
government
burden
justify
damage
free
speech
iii
untethering
power
suppress
proposals
extant
pornography
assessment
likely
effects
proposals
might
unsettling
significance
well
beyond
subject
child
pornography
going
grain
pervasive
first
amendment
doctrine
tolerates
speech
restriction
mere
general
tendencies
expression
private
understandings
speakers
listeners
critical
assessment
practical
consequences
thus
one
milestones
american
political
liberty
brandenburg
ohio
per
curiam
seen
culmination
half
century
development
began
justice
holmes
dissent
abrams
place
rule
dominated
first
world
war
sedition
espionage
cases
allowing
suppression
speech
tendency
intent
behind
see
schenck
brandenburg
insisted
constitutional
guarantees
free
speech
free
press
permit
state
forbid
proscribe
advocacy
use
force
law
violation
except
advocacy
directed
inciting
producing
imminent
lawless
action
likely
incite
produce
action
see
also
stone
perilous
times
free
speech
wartime
xactly
fifty
years
schenck
finally
unambiguously
embraced
version
clear
present
danger
brandenburg
unmistakably
insists
limit
speech
grounded
realistic
factual
assessment
harm
far
cry
act
us
rests
criminal
prosecution
proposing
transactions
expressive
material
nothing
speaker
statement
material
statement
may
disclose
belief
subjects
represented
desire
foster
belief
another
weigh
heavily
overbreadth
balance
first
amendment
freedoms
danger
government
seeks
control
thought
justify
laws
impermissible
end
right
think
beginning
freedom
speech
must
protected
government
speech
beginning
thought
free
speech
coalition
see
also
hurley
gay
lesbian
bisexual
group
boston
idea
noncommercial
speech
restriction
used
produce
thoughts
statements
acceptable
groups
indeed
people
grates
first
amendment
amounts
nothing
less
proposal
limit
speech
service
orthodox
expression
speech
clause
certain
antithesis
iv
said
pay
price
enacted
act
without
substantial
justification
loss
find
assume
sees
grounding
act
however
suppose
holding
explained
uncritical
acceptance
claim
made
congress
forum
government
argued
jury
appreciation
mere
possibility
simulated
virtual
child
pornography
prevent
convictions
real
thing
inevitably
raising
reasonable
doubt
whether
actual
children
shown
government
voices
fear
skeptical
jurors
place
traffic
child
pornography
beyond
effective
prosecution
unless
find
way
avoid
ferber
limitation
skirt
free
speech
coalition
allow
prosecution
whether
pornography
shows
actual
children
claim
needs
taken
grain
salt
never
time
concern
raised
long
act
passed
example
pornographic
photos
taken
models
one
day
adulthood
yet
indication
prosecution
ever
crippled
need
prove
models
underage
still
convinced
real
reason
government
fear
stemming
computer
simulation
willing
reexamine
ferber
conditions
change
today
technology
left
effective
way
stop
professional
amateur
pornographers
exploiting
children
fair
claim
degree
expressive
protection
yield
protect
children
government
get
free
pass
whenever
claims
worthy
objective
curtailing
speech
doubts
need
claimed
although
congress
found
child
pornography
defendants
almost
universally
rais
defense
alleged
child
pornography
simulated
virtual
stat
neither
congress
given
citation
single
case
defendant
acquittal
reasonably
attributable
see
brief
free
speech
coalition
et
al
amici
curiae
brief
national
law
center
children
families
et
al
amici
curiae
government
thus
seems
selling
short
appears
highly
successful
convicting
child
pornographers
overwhelming
majority
plead
guilty
rather
try
luck
jury
little
seems
changed
since
time
free
speech
coalition
rejected
assertion
interest
see
government
says
possibility
producing
images
using
computer
imaging
makes
difficult
prosecute
produce
pornography
using
real
children
necessary
solution
argument
runs
prohibit
kinds
images
argument
essence
protected
speech
may
banned
means
ban
unprotected
speech
analysis
turns
first
amendment
upside
thomas
concurring
judgment
time
government
asserts
defendants
raise
defenses
done
successfully
fact
government
points
case
defendant
acquitted
based
images
defense
without
convincing
evidence
contrary
experience
tells
us
faith
capacity
jury
system
expected
operate
much
following
way
act
books
government
sought
prosecute
proposals
extant
images
attempts
seek
carry
burden
showing
real
children
depicted
image
subject
proposal
simply
introducing
image
evidence
figures
picture
looked
like
real
children
government
made
prima
facie
demonstration
defense
might
well
offer
expert
testimony
effect
technology
produce
convincing
simulations
extent
testimony
came
ask
whether
witness
say
particular
seemingly
authentic
representation
merely
simulated
witness
say
said
direct
survived
questioning
basis
opinion
truth
acquittal
proper
defendant
raised
reasonable
doubt
whether
child
victimized
standard
govern
defendant
trial
abusing
child
personally
defense
specific
evidence
particular
image
failed
show
actual
children
skeptical
jury
likely
entertain
reasonable
doubt
image
showed
real
child
perhaps
wrong
without
demonstration
juries
rendering
exploitation
children
unpunishable
excuse
cutting
back
first
amendment
alternative
finding
overbreadth
act
hold
unconstitutional
authority
ferber
free
speech
coalition
footnotes
williams
also
challenged
sentence
possession
conviction
ground
entitled
resentencing
light
decision
booker
see
eleventh
circuit
rejected
challenge
therefore
affirmed
sentence
despite
reversing
pandering
conviction
see
although
williams
receive
reduced
sentence
result
appeal
case
moot
held
benton
maryland
jurisdictional
bar
consideration
challenges
multiple
convictions
even
though
concurrent
sentences
imposed
section
supp
reads
reproduces
child
pornography
distribution
mails
interstate
foreign
commerce
means
including
computer
pittsburgh
press
newspaper
argued
afford
category
commercial
speech
consists
ads
level
first
amendment
protection
noncommercial
speech
important
function
replied
whatever
merits
contention
may
contexts
unpersuasive
case
discrimination
employment
commercial
activity
illegal
commercial
activity
doubt
newspaper
constitutionally
forbidden
publish
want
ad
proposing
sale
narcotics
soliciting
prostitutes
import
response
noncommercial
proposals
engage
illegal
activity
greater
protection
commercial
proposals
footnotes
first
definition
offered
act
offense
recruiting
prostitute
finding
place
business
prostitute
soliciting
customers
prostitute
black
explained
elsewhere
ginzburg
long
since
lost
force
law
see
dallas
opinion
concurring
part
dissenting
part
ginzburg
decided
extended
first
amendment
protection
commercial
speech
withstand
decision
virginia
bd
pharmacy
virginia
citizens
consumer
council
still
case
explication
meaning
pandering
instructive
footnotes
use
child
pornography
mean
pornographic
representation
photograph
case
includes
appears
child
subject
true
real
child
pornography
refers
images
made
directly
pornographic
settings
models
minors
fake
refers
simulations
components
lawful
photos
spliced
together
made
adults
looking
young
enough
mistaken
minors
leave
largely
aside
case
fraudulent
proposals
passing
virtual
pornography
real
thing
fact
fraud
separate
category
speech
independently
lacks
first
amendment
protection
changes
analysis
regard
proposals
although
necessarily
dictate
conclusion
placed
limits
policing
fraud
cuts
far
protected
speech
see
riley
national
federation
blind
invalidating
professional
fundraiser
regulation
strict
scrutiny
also
relevant
analysis
act
hardly
statute
congress
seems
cared
little
interests
purchasers
penalties
violating
act
quite
onerous
compared
laws
see
brief
american
booksellers
foundation
free
expression
et
al
amici
curiae
identifying
laws
punishing
fraud
misdemeanor
civil
penalties
legitimately
question
whether
unprotected
status
fraud
enables
government
punish
transfer
otherwise
protected
speech
penalties
apparently
disproportionate
harm
fraud
understood
cause
hearings
prior
passage
act
department
justice
presented
congress
three
examples
prosecutions
purportedly
frustrated
defense
see
hearing
subcommittee
crime
terrorism
homeland
security
house
committee
judiciary
statement
daniel
collins
associate
deputy
attorney
general
bunnell
wl
may
allowed
defendant
withdraw
guilty
plea
ashcroft
free
speech
coalition
decision
defendant
however
present
defense
jury
acquitted
indeed
rejected
motion
dismiss
see
criminal
docket
case
docket
report
also
indicates
defendant
trial
continued
prosecution
state
government
moving
dismiss
upon
receipt
judgment
commitment
state
see
ibid
reilly
cr
rpp
wl
sdny
also
allowed
defendant
withdraw
guilty
plea
issuance
free
speech
coalition
plea
founded
belief
government
need
prove
involvement
actual
children
material
issue
time
congressional
hearings
dismissed
child
pornography
charges
upon
government
motion
defendant
convicted
multiple
counts
transportation
obscene
material
see
criminal
docket
case
sdny
sims
supp
nm
defendant
convicted
jury
trial
government
contended
agreed
bear
burden
proving
images
issue
depicted
actual
minors
free
speech
coalition
decision
came
soon
afterward
defendant
filed
motion
acquittal
trial
held
government
bear
burden
proof
met
regard
one
count
regard
another
upon
presented
evidence
use
actual
children
trial
acquitted
defendant
latter
count
observing
government
taken
cautionary
approach
presented
evidence
prove
use
actual
children
made
strategic
decision
supp
government
seek
review
ruling
appeal
short
cases
presented
congress
involved
transition
issue
occasioned
free
speech
coalition
decision
none
involved
jury
judge
acquittal
defendant
basis
defense
government
amici
identify
successful
employments
defense
one
amicus
says
free
speech
coalition
spawned
serious
prosecutorial
problems
example
gives
acquittal
defendant
partial
acquittal
ohio
bench
trial
ohio
statute
judge
convicted
defendant
counts
involving
images
prosecution
presented
expert
testimony
minor
identity
acquitted
counts
see
brief
national
law
center
children
families
et
al
amici
curiae
citing
state
tooley
wl
state
apparently
acquittals
considering
defendant
appeal
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government
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department
justice
bureau
justice
statistics
federal
child
pornography
cases
concluded
defendants
convicted
bureau
justice
statistics
bulletin
federal
prosecution
child
sex
exploitation
offenders
online
http
visited
may
available
clerk
case
file
comparison
child
pornography
cases
concluded
defendants
convicted
ibid
cases
ended
plea
ibid
defendants
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criminal
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prosecuted
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comparison
weak
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prosecutions
sex
abuse
sex
transportation
sexual
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speech
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act
breaks
numbers
reference
prosecution
act
generality
statistics
problem
however
government
makes
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claim
courts
appeals
consider
issue
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require
expert
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authenticity
images
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finding
images
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depiction
actual
minors
see
salcido
per
curiam
collecting
cases