ashcroft
attorney
general
et
al
free
speech
coalition
et
argued
october
decided
april
child
pornography
prevention
act
cppa
expands
federal
prohibition
child
pornography
include
pornographic
images
made
using
actual
children
also
visual
depiction
including
photograph
film
video
picture
computer
image
picture
appears
minor
engaging
sexually
explicit
conduct
sexually
explicit
image
advertised
promoted
presented
described
distributed
manner
conveys
impression
depicts
minor
engaging
sexually
explicit
conduct
thus
bans
range
sexually
explicit
images
sometimes
called
virtual
child
pornography
appear
depict
minors
produced
means
using
real
children
use
adults
technology
section
aimed
preventing
production
distribution
pornographic
material
pandered
child
pornography
fearing
cppa
threatened
activities
respondents
trade
association
others
filed
suit
alleging
appears
conveys
impression
provisions
overbroad
vague
chilling
production
works
protected
first
amendment
district
disagreed
granted
government
summary
judgment
ninth
circuit
reversed
generally
pornography
banned
obscene
miller
california
pornography
depicting
actual
children
proscribed
whether
images
obscene
state
interest
protecting
children
exploited
production
process
new
york
ferber
prosecuting
promote
sexual
exploitation
ninth
circuit
held
cppa
invalid
face
finding
substantially
overbroad
bans
materials
neither
obscene
miller
produced
exploitation
real
children
ferber
held
prohibitions
overbroad
unconstitutional
pp
section
covers
materials
beyond
categories
recognized
ferber
miller
reasons
government
offers
support
limiting
freedom
speech
justification
precedents
first
amendment
law
pp
cppa
inconsistent
miller
extends
images
obscene
miller
standard
requires
government
prove
work
question
taken
whole
appeals
prurient
interest
patently
offensive
light
community
standards
lacks
serious
literary
artistic
political
scientific
value
miller
redeeming
value
judged
considering
work
whole
scene
part
narrative
work
reason
become
obscene
even
though
scene
isolation
might
offensive
see
kois
wisconsin
per
curiam
cppa
read
prohibit
obscenity
lacks
required
link
prohibitions
affront
community
standards
prohibited
obscenity
definition
pp
cppa
finds
support
ferber
rejects
government
argument
speech
prohibited
cppa
virtually
indistinguishable
material
may
banned
ferber
case
upheld
prohibition
distribution
sale
child
pornography
well
production
acts
intrinsically
related
sexual
abuse
children
two
ways
first
permanent
record
child
abuse
continued
circulation
harm
child
participated
see
second
traffic
child
pornography
economic
motive
production
state
interest
closing
distribution
network
either
rationale
speech
effect
held
proximate
link
crime
came
contrast
speech
ferber
speech
record
sexual
abuse
cppa
prohibits
speech
records
crime
creates
victims
production
virtual
child
pornography
intrinsically
related
sexual
abuse
children
government
asserts
images
lead
actual
instances
child
abuse
causal
link
contingent
indirect
harm
necessarily
follow
speech
depends
upon
unquantified
potential
subsequent
criminal
acts
government
argument
indirect
harms
sufficient
ferber
acknowledged
child
pornography
rarely
valuable
speech
see
suffers
two
flaws
first
ferber
judgment
child
pornography
based
upon
made
communicated
case
reaffirmed
speech
neither
obscene
product
sexual
abuse
fall
outside
first
amendment
protection
see
second
ferber
hold
child
pornography
definition
without
value
recognized
works
category
might
significant
value
see
relied
virtual
images
images
prohibited
cppa
alternative
permissible
means
expression
ferber
relied
distinction
actual
virtual
child
pornography
supporting
holding
provides
support
statute
eliminates
distinction
makes
alternative
mode
criminal
well
pp
rejects
arguments
offered
government
justify
cppa
prohibitions
contention
cppa
necessary
pedophiles
may
use
virtual
child
pornography
seduce
children
runs
afoul
principle
speech
within
rights
adults
hear
may
silenced
completely
attempt
shield
children
see
sable
communications
fcc
evil
question
depends
upon
actor
unlawful
conduct
defined
criminal
quite
apart
link
speech
question
establishes
speech
ban
narrowly
drawn
argument
virtual
child
pornography
whets
pedophiles
appetites
encourages
engage
illegal
conduct
unavailing
mere
tendency
speech
encourage
unlawful
acts
sufficient
reason
banning
stanley
georgia
absent
showing
direct
connection
speech
imminent
illegal
conduct
see
brandenburg
ohio
per
curiam
argument
eliminating
market
pornography
produced
using
real
children
necessitates
prohibition
virtual
images
well
somewhat
implausible
pornographers
risk
prosecution
abusing
real
children
fictional
computerized
images
suffice
moreover
even
market
deterrence
theory
persuasive
argument
justify
cppa
underlying
crime
finally
first
amendment
turned
upside
argument
difficult
distinguish
images
made
using
real
children
produced
computer
imaging
kinds
images
must
prohibited
overbreadth
doctrine
prohibits
government
banning
unprotected
speech
substantial
amount
protected
speech
prohibited
chilled
process
see
broadrick
oklahoma
government
rejoinder
cppa
read
prohibition
speech
measure
shifting
burden
accused
prove
speech
lawful
raises
serious
constitutional
difficulties
government
misplaces
reliance
creates
affirmative
defense
allowing
defendant
avoid
conviction
nonpossession
offenses
showing
materials
produced
using
adults
otherwise
distributed
manner
conveying
impression
depicted
real
children
even
affirmative
defense
save
statute
first
amendment
challenge
defense
insufficient
apply
possession
images
created
computer
imaging
even
defendant
demonstrate
children
harmed
producing
images
thus
defense
leaves
unprotected
substantial
amount
speech
tied
government
interest
distinguishing
images
produced
using
real
children
virtual
ones
pp
section
also
substantially
overbroad
disagrees
government
view
difference
provision
appears
provision
requires
jury
assess
material
issue
light
manner
promoted
determination
still
depend
principally
upon
prohibited
work
content
conveys
impression
provision
requires
little
judgment
image
content
work
must
sexually
explicit
otherwise
content
irrelevant
even
film
contains
sexually
explicit
scenes
involving
minors
treated
child
pornography
title
trailers
convey
impression
scenes
found
movie
determination
turns
speech
presented
depicted
government
arguments
support
cppa
bear
materials
instance
likely
confused
child
pornography
criminal
trial
pandering
may
relevant
evidentiary
matter
question
whether
particular
materials
obscene
see
ginzburg
defendant
engages
commercial
exploitation
erotica
solely
sake
prurient
appeal
context
created
may
relevant
evaluating
whether
materials
obscene
section
however
prohibits
substantial
amount
speech
falls
outside
ginzburg
rationale
proscribed
material
tainted
unlawful
hands
receive
though
bear
responsibility
marketed
sold
described
statute
furthermore
require
context
part
effort
commercial
exploitation
thus
cppa
prohibit
pandering
bans
possession
material
pandered
child
pornography
someone
earlier
distribution
chain
well
sexually
explicit
film
contains
youthful
actors
packaged
suggest
prohibited
movie
possession
crime
even
possessor
knows
movie
mislabeled
first
amendment
requires
precise
restriction
pp
light
foregoing
respondents
contention
void
vagueness
need
addressed
affirmed
kennedy
delivered
opinion
stevens
souter
ginsburg
breyer
joined
thomas
filed
opinion
concurring
judgment
filed
opinion
concurring
judgment
part
dissenting
part
rehnquist
scalia
joined
part
ii
rehnquist
filed
dissenting
opinion
scalia
joined
except
paragraph
discussing
legislative
history
john
ashcroft
attorney
general
et
petitioners
free
speech
coalition
et
al
writ
certiorari
appeals
ninth
circuit
april
justice
kennedy
delivered
opinion
consider
case
whether
child
pornography
prevention
act
cppa
et
abridges
freedom
speech
cppa
extends
federal
prohibition
child
pornography
sexually
explicit
images
appear
depict
minors
produced
without
using
real
children
statute
prohibits
specific
circumstances
possessing
distributing
images
may
created
using
adults
look
like
minors
using
computer
imaging
new
technology
according
congress
makes
possible
create
realistic
images
children
exist
see
congressional
findings
notes
following
prohibiting
child
pornography
depict
actual
child
statute
goes
beyond
new
york
ferber
distinguished
child
pornography
sexually
explicit
speech
state
interest
protecting
children
exploited
production
process
see
general
rule
pornography
banned
obscene
ferber
pornography
showing
minors
proscribed
whether
images
obscene
definition
set
forth
miller
california
ferber
recognized
miller
standard
like
general
definitions
may
banned
obscene
reflect
state
particular
compelling
interest
prosecuting
promote
sexual
exploitation
children
occasion
consider
question
may
assume
apparent
age
persons
engaged
sexual
conduct
relevant
whether
depiction
offends
community
standards
pictures
young
children
engaged
certain
acts
might
obscene
similar
depictions
adults
perhaps
even
older
adolescents
cppa
however
directed
speech
obscene
congress
proscribed
materials
separate
statute
like
law
ferber
cppa
seeks
reach
beyond
obscenity
makes
attempt
conform
miller
standard
instance
statute
reach
visual
depictions
movies
even
redeeming
social
value
principal
question
resolved
whether
cppa
constitutional
proscribes
significant
universe
speech
neither
obscene
miller
child
pornography
ferber
congress
defined
child
pornography
type
depictions
issue
ferber
images
made
using
actual
minors
cppa
retains
prohibition
adds
three
prohibited
categories
speech
first
third
issue
case
section
prohibits
visual
depiction
including
photograph
film
video
picture
computer
image
picture
appears
minor
engaging
sexually
explicit
conduct
prohibition
visual
depiction
depend
image
produced
section
captures
range
depictions
sometimes
called
virtual
child
pornography
include
images
well
images
produced
traditional
means
instance
literal
terms
statute
embrace
renaissance
painting
depicting
scene
classical
mythology
picture
appears
minor
engaging
sexually
explicit
conduct
statute
also
prohibits
hollywood
movies
filmed
without
child
actors
jury
believes
actor
appears
minor
engaging
actual
simulated
sexual
intercourse
images
involve
let
alone
harm
children
production
process
congress
decided
materials
threaten
children
less
direct
ways
pedophiles
might
use
materials
encourage
children
participate
sexual
activity
child
reluctant
engage
sexual
activity
adult
pose
sexually
explicit
photographs
sometimes
convinced
viewing
depictions
children
fun
participating
activity
congressional
findings
note
following
furthermore
pedophiles
might
whet
sexual
appetites
pornographic
images
thereby
increasing
creation
distribution
child
pornography
sexual
abuse
exploitation
actual
children
notes
rationales
harm
flows
content
images
means
production
addition
congress
identified
another
problem
created
images
existence
make
harder
prosecute
pornographers
use
real
minors
see
note
imaging
technology
improves
congress
found
becomes
difficult
prove
particular
picture
produced
using
actual
children
ensure
defendants
possessing
child
pornography
using
real
minors
evade
prosecution
congress
extended
ban
virtual
child
pornography
section
prohibits
common
lower
tech
means
creating
virtual
images
known
computer
morphing
rather
creating
original
images
pornographers
alter
innocent
pictures
real
children
children
appear
engaged
sexual
activity
although
morphed
images
may
fall
within
definition
virtual
child
pornography
implicate
interests
real
children
sense
closer
images
ferber
respondents
challenge
provision
consider
respondents
challenge
like
text
appears
provision
sweep
provision
quite
broad
section
defines
child
pornography
include
sexually
explicit
image
advertised
promoted
presented
described
distributed
manner
conveys
impression
depicts
minor
engaging
sexually
explicit
conduct
one
committee
report
identified
provision
directed
sexually
explicit
images
pandered
child
pornography
see
provision
prevents
child
pornographers
pedophiles
exploiting
prurient
interests
child
sexuality
sexual
activity
production
distribution
pornographic
material
intentionally
pandered
child
pornography
statute
limited
reach
however
punishes
even
possessors
took
part
pandering
work
described
child
pornography
taint
remains
speech
hands
subsequent
possessors
making
possession
unlawful
even
though
content
otherwise
objectionable
fearing
cppa
threatened
activities
members
respondent
free
speech
coalition
others
challenged
statute
district
northern
district
california
coalition
california
trade
association
industry
alleged
members
use
minors
sexually
explicit
works
believed
materials
might
fall
within
cppa
expanded
definition
child
pornography
respondents
bold
type
publisher
book
advocating
nudist
lifestyle
jim
gingerich
painter
nudes
ron
raffaelli
photographer
specializing
erotic
images
respondents
alleged
appears
conveys
impression
provisions
overbroad
vague
chilling
producing
works
protected
first
amendment
district
disagreed
granted
summary
judgment
government
dismissed
overbreadth
claim
highly
unlikely
adaptations
sexual
works
like
romeo
juliet
treated
criminal
contraband
app
pet
cert
appeals
ninth
circuit
reversed
see
reasoned
government
prohibit
speech
tendency
persuade
viewers
commit
illegal
acts
held
cppa
substantially
overbroad
bans
materials
neither
obscene
produced
exploitation
real
children
new
york
ferber
judge
ferguson
dissented
ground
virtual
images
like
obscenity
real
child
pornography
treated
category
speech
unprotected
first
amendment
appeals
voted
deny
petition
rehearing
en
banc
dissent
three
judges
see
ninth
circuit
found
cppa
invalid
face
four
courts
appeals
sustained
see
fox
mento
acheson
hilton
cert
denied
granted
certiorari
ii
first
amendment
commands
congress
shall
make
law
abridging
freedom
speech
government
may
violate
mandate
many
ways
rosenberger
rector
visitors
univ
keller
state
bar
law
imposing
criminal
penalties
protected
speech
stark
example
speech
suppression
cppa
penalties
indeed
severe
first
offender
may
imprisoned
years
repeat
offender
faces
prison
sentence
less
years
years
prison
ibid
even
minor
punishments
chill
protected
speech
see
wooley
maynard
case
provides
textbook
example
permit
facial
challenges
statutes
burden
expression
severe
penalties
force
legitimate
movie
producers
book
publishers
speakers
capacity
risk
distributing
images
near
uncertain
reach
law
constitution
gives
significant
protection
overbroad
laws
chill
speech
within
first
amendment
vast
privileged
sphere
principle
cppa
unconstitutional
face
prohibits
substantial
amount
protected
expression
see
broadrick
oklahoma
sexual
abuse
child
serious
crime
act
repugnant
moral
instincts
decent
people
legislative
findings
congress
recognized
subcultures
persons
harbor
illicit
desires
children
commit
criminal
acts
gratify
impulses
see
congressional
findings
notes
following
see
also
dept
health
human
services
administration
children
youth
families
child
maltreatment
estimating
children
victims
sexual
abuse
congress
also
found
surrounding
serious
offenders
flirt
impulses
trade
pictures
written
accounts
sexual
activity
young
children
congress
may
pass
valid
laws
protect
children
abuse
prospect
crime
however
justify
laws
suppressing
protected
speech
see
kingsley
pictures
regents
univ
among
free
men
deterrents
ordinarily
applied
prevent
crime
education
punishment
violations
law
abridgment
rights
free
speech
internal
quotation
marks
citation
omitted
also
well
established
speech
may
prohibited
concerns
subjects
offending
sensibilities
see
fcc
pacifica
foundation
fact
society
may
find
speech
offensive
sufficient
reason
suppressing
see
also
reno
american
civil
liberties
union
evaluating
free
speech
rights
adults
made
perfectly
clear
exual
expression
indecent
obscene
protected
first
quoting
sable
communications
fcc
carey
population
services
fact
protected
speech
may
offensive
justify
suppression
general
principle
first
amendment
bars
government
dictating
see
read
speak
hear
freedom
speech
limits
embrace
certain
categories
speech
including
defamation
incitement
obscenity
pornography
produced
real
children
see
simon
schuster
members
state
crime
victims
kennedy
concurring
categories
may
prohibited
without
violating
first
amendment
none
includes
speech
prohibited
cppa
dissent
opinion
appeals
judge
ferguson
recognized
law
proposed
virtual
child
pornography
regarded
additional
category
unprotected
speech
see
necessary
us
take
step
uphold
statute
noted
cppa
much
supplement
existing
federal
prohibition
obscenity
miller
california
government
must
prove
work
taken
whole
appeals
prurient
interest
patently
offensive
light
community
standards
lacks
serious
literary
artistic
political
scientific
value
cppa
however
extends
images
appear
depict
minor
engaging
sexually
explicit
activity
without
regard
miller
requirements
materials
need
appeal
prurient
interest
depiction
sexually
explicit
activity
matter
presented
proscribed
cppa
applies
picture
psychology
manual
well
movie
depicting
horrors
sexual
abuse
necessary
moreover
image
patently
offensive
pictures
appear
engaging
sexually
explicit
activity
every
case
contravene
community
standards
cppa
prohibits
speech
despite
serious
literary
artistic
political
scientific
value
statute
proscribes
visual
depiction
idea
teenagers
engaging
sexual
activity
fact
modern
society
theme
art
literature
throughout
ages
cppa
images
prohibited
long
persons
appear
years
age
higher
legal
age
marriage
many
well
age
persons
may
consent
sexual
relations
see
age
consent
federal
maritime
territorial
jurisdiction
national
survey
state
laws
leiter
ed
permit
marry
parental
consent
eskridge
hunter
sexuality
gender
law
district
columbia
age
consent
younger
course
undeniable
youths
engage
sexual
activity
legal
age
either
inclination
victims
sexual
abuse
themes
teenage
sexual
activity
sexual
abuse
children
inspired
countless
literary
works
william
shakespeare
created
famous
pair
teenage
lovers
one
years
age
see
romeo
juliet
act
sc
hath
seen
change
fourteen
years
drama
shakespeare
portrays
relationship
something
splendid
innocent
juvenile
work
inspired
less
motion
pictures
suggest
teenagers
consummated
relationship
romeo
juliet
luhrmann
director
shakespeare
may
written
sexually
explicit
scenes
elizabethean
audience
modern
directors
adopt
less
conventional
approach
fact
alone
compel
conclusion
work
obscene
contemporary
movies
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