Children Porn Look

Children Porn Look
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April 18, 2002 Posted: 1:13 PM EDT (1713 GMT)

WASHINGTON (CNN) -- The U.S. Supreme Court Tuesday struck down a 6-year-old law that prohibits the distribution and possession of virtual child pornography that appears to -- but does not -- depict real children.

The law had banned a range of techniques -- including computer-generated images and the use of youthful-looking adults -- which were designed to convey the impression of minors engaging in sexually explicit conduct.

The 6-3 ruling says the law violates the First Amendment guarantee of freedom of speech. The decision hands a major setback to the Justice Department and the majority of Congress in their legislative efforts to fight child pornography.

Writing for the majority, Justice Anthony Kennedy said key provisions of the Child Pornography Prevention Act of 1996 were "overbroad" and infringed on established protections of material with artistic value that does not violate community standards.

"Pictures of what appear to be a 17-year-old engaging in sexually explicit activity do not in every case contravene community standards," the court said.

"The (Act) also prohibits speech having serious redeeming value, proscribing the visual depiction of an idea -- that of teenagers engaging in sexual activity -- that is a fact of modern society and has been a theme in art and literature for centuries."

The opinion cited several artistically significant instances in which teenage sex was portrayed, including William Shakespeare's play "Romeo & Juliet," and the recent movies "Traffic" and "American Beauty."

Kennedy was joined by justices John Paul Stevens, David Souter, Ruth Bader Ginsburg and Stephen Breyer. Clarence Thomas wrote a separate opinion agreeing with their conclusion.

Justices Sandra Day O'Connor, in a dissent, disagreed with much of the majority opinion, and was joined by Chief Justice William Rehnquist and Antonin Scalia.

In a separate dissent Rehnquist, backed by Scalia, strongly disagreed with the majority, saying "the computer-generated images are virtually indistinguishable from real children."

The ruling came in a case named Ashcroft v. The Free Speech Coalition. U.S. Attorney General John Ashcroft and President George W. Bush's Justice Department inherited defense of the law from former Attorney General Janet Reno and the President Clinton Justice Department, which had defended the law in the lower courts.

The Free Speech Coalition is comprised primarily of a trade association of publishers of pornographic materials.

Ashcroft said he was disappointed by the court's decision.

"This morning the United States Supreme Court made our ability to prosecute those who produce and possess child pornography immeasurably more difficult," Ashcroft said.

Ashcroft said the Justice Department would use every resource to prosecute child pornography cases and said child pornographers "will find little refuge in today's decision."

He said he would work with Congress to pass new laws that would survive the court's scrutiny.

"I believe today's opinion and the Constitution leave open legislative avenues to protect our children from harm and we will seek to develop the means to do so with legislative endeavor," Ashcroft said.

Still to be decided by the Supreme Court this spring is another case involving a separate law, which specifically restricts the access of minors to sexually explicit material on the Internet.

FindLaw opinion database: Supreme Court opinions from 1893-2002

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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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Fifty police officers across the UK have been arrested as part of a crackdown on suspected paedophiles who pay to access child pornography websites, detectives revealed today.
The officers were among 1,300 people arrested on suspicion of accessing or downloading indecent images of children - some as young as five - from US-based Internet sites.
Thirty-five men were arrested in London this morning as part of the investigation - codenamed Operation Ore - following raids on 45 addresses across the capital.
Of the 50 policemen identified, eight have been charged to date and the remainder bailed pending further inquiries. Scotland Yard said none of those arrested today was a policeman.
At a press conference at Scotland Yard today, Jim Gamble, assistant chief constable of the National Crime Squad, said he was not surprised at the number of police officers among the suspects.
"As police officers, we should expect to be held accountable," he said.
"Fifty police officers have been identified and we are not hiding that fact. We want you to know about that to reassure you.
"Police officers are member of the communities that they serve and there will be good people and bad people in the police."
Mr Gamble said the 50 officers were among 1,200 Britons who had been identified as "category one or two" suspects - those who posed the greatest potential risk to children.
In addition, 40 children nationwide - 28 of them in London - had been identified as being at risk of being abused and appropriate steps had been taken with other agencies to ensure that all the youngsters were safe.
Before today's arrests, the Metropolitan Police had executed 75 warrants across the capital with 65 arrests and more than 130 computers seized.
Although 7,000 suspected users of "pay-per-view" child pornography sites based in the US were identified in Britain, Mr Gamble said the actual number of offenders would probably be lower, partly due to duplicates.
The Met's Deputy Assistant Commissioner, Carole Howlett, said today's raids represented the single largest operation of its kind mounted so far by the force.
She added: "Our priority so far has been to identify those individuals on the list that pose the greatest threat to children now.
"But this process is on-going ... and it will continue after today, even though it is extremely resource intensive."
Ms Howlett also announced that the Home Office had agreed to allocate an extra £500,000 to support further action as part of Operation Ore.
She said the money would be used to provide extra training in computer forensics for officers across the country and to buy more equipment for analysing computers seized.
Commenting on today's operation, children's charity NSPCC said it had been assisting the Met by responding to any emerging child protection matters.
Colin Turner, head of NSPCC's specialist investigation service, said: "The arrests send out a strong warning to those that think they can remain anonymous and escape the law by using the Internet to trade in child abuse images.
"Behind these indecent, abusive images are real children who will have suffered immense damage and trauma."
Operation Ore is the UK wing of a huge FBI operation which traced 250,000 paedophiles worldwide last year through credit card details used to pay for downloading child porn.
The names of British suspects were passed on by US investigators.
Suspects were traced through the Landslide web site - a gateway to an international collection of child pornography sites.
Thomas Reedy, who ran the web site and earned millions from it, is now serving several life sentences in the US.
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Published by Associated Newspapers Ltd
Part of the Daily Mail, The Mail on Sunday & Metro Media Group

Talking to your child about porn is challenging, but it’s important to be open and honest. The following advice from the NSPCC could help make an awkward conversation more manageable.
Finding the right time to talk to your child about porn can be tricky but you know your child best and will know when it’s the right time to have these conversations.
Here are five pointers to guide your conversation:
Acknowledge that your child might feel embarrassed or worried about talking to you. Reassure them that it is OK to feel curious about sex and that they can always talk to you.
Remember that they may have seen something online by accident or been pressured to look/watch by another person or group.
Explain that sex in porn is often different to how people have sex in real life. People are acting and putting on a performance so things are exaggerated and the lines between consent, pleasure and violence are often blurred. It's important for young people to know the difference.
Talking about healthy relationships can be a way of pointing out the differences between how actors and actresses in porn interact and how we do in our day-to-day lives.
It's important for your child to understand that relationships they see in porn are very different, often not realistic, compared to real relationships. Talk to them about what makes a positive and healthy relationship . Ask them what they think makes a good relationship.
You can prompt them by discussing respect, personal boundaries and consent . This conversation may vary depending on your child's age.
Sometimes children and young people feel pressured to watch porn. Explain to your child that whilst some people watch porn online, not everyone does and it’s definitely not something they have to do.
Let them know it’s OK not to want to watch or do something that makes them feel uncomfortable and they should never be pressured or forced into anything.
Explain why you think that online porn may be inappropriate for them. Use reference points—news stories or TV shows, and the upcoming introduction of age checks on porn sites—as a way to frame the discussion.
If you feel that there are some things about sex and relationships that your child would feel uncomfortable talking to you about, there are safe places online where they can get information, like the NSPCC’s Childline website .
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From Wikipedia, the free encyclopedia
This is the latest accepted revision , reviewed on 19 September 2022 .
Overview on international legislation
For broader coverage of this topic, see Legality of child pornography .

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