LYCOS RETRIEVER 
Child Pornography: Amendment
built 387 days ago
As legislative counsel for the ACLU in 1985, Barry Lynn told the U.S. Attorney General’s Commission on Pornography (of which Focus on the Family President Dr. James C. Dobson was a member) that child pornography was protected by the First Amendment. While production of child porn could be prevented by law, he argued, its distribution could not be. A few years later (1988), Lynn told the Senate Judiciary Committee that even requiring porn producers to maintain records of their performers’ ages was impermissible.
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The Court found that a ban on virtual child pornography abridged freedom of speech and was overbroad and unconstitutional under the First Amendment. Congress, together with the U.S. Department of Justice, has been working to craft new federal legislation that would overcome this Supreme Court decision by adding new language to the law so that virtual images indistinguishable (or which appear virtually indistinguishable) from images of actual minors engaged in sexually explicit conduct would be banned. If this legislation is enacted, another series of constitutional challenges is likely.
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People who deal in child pornography are criminals, pure and simple. It does not matter how much they protest or how cleverly they hide behind the first amendment. They are scum, lowlife, criminals and they must be treated as such.
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The U.S. Supreme Court voted 6-3 to strike down the ban on virtual child pornography, saying the law violated the First Amendment right of free speech. CNN's Kelli Arena reports (April 17)
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