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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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Part of the Daily Mail, The Mail on Sunday & Metro Media Group
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Key points
Porn may not be on most parents' list of things they need to discuss with their children, but it probably needs to be.
Erotic images are available anywhere there's internet and a device.
Some kids use adult entertainment as a source of information and education about sex.
By not addressing the existence of pornography, parents may be leaving kids open to otherwise preventable self-image and mental health issues.
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The question is not whether you’ll change; you will. Research clearly shows that everyone’s personality traits shift over the years, often for the better. But who we end up becoming and how much we like that person are more in our control than we tend to think they are.
Posted October 14, 2022
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Reviewed by Devon Frye
Last week, I had an interview scheduled with essayist Rebecca Morrison. We planned to discuss body image for an article she’s writing, so I did what I do: I searched the web for her previous work. The following title, published in Salon , popped onto my screen: “Why I Started Watching Porn When I Turned 50.”
Huh? The subtitle read, “I suspected my teens knew more about porn than me. I didn't want to talk to them about it until I did some research.” OK, I was intrigued. While pornography had zero to do with our discussion topic, I couldn’t resist.
Rebecca wrote that she’d wanted to “satisfy her curiosity” and be knowledgeable for her teens. By the end, she’d reported learning, for example: why porn's so popular, the difference between "soft" porn vs. other ratings, how adult entertainment widely influenced personal hygiene styles, and how to find female-friendly sites with ethically-sourced porn (e.g., respectful and consenting, legally made, and celebrating sexual diversity). That all got me thinking.
I realized that my primary education in erotica happened in college in the 90s. Back then, to attain videos such as Mummy Dearest or Chatterbox (yup, her vagina spoke), we’d have to work for it. We’d physically get in a car and drive to a local video store. Then, there’d be that “back room” with the black curtain. We’d scan the store to make sure no one was looking and then we’d almost jump behind the fabric. With a racy video finally in hand, there’d be one more step to get the porn back to the dorm. We’d head to the checkout counter where (probably to make us goodie-goodies squirm) we’d hear, for example, “Your Edward Penishands is due back on Monday.” (Did he have to say the title so loudly?)
Notice all the effort that went into attaining erotica? None of that’s needed nowadays. Online, kids may accidentally type the wrong address or a well-intended search term that results in porn images. Kids can also get random adult entertainment popups. Pornography is available anywhere there's the internet and a device, such as at home, school, a classmate’s tablet, or a playground.
For adults, pornography use tends to be personal and often secret, and may be associated with feelings of shame. It makes sense that parents and guardians might prefer to avoid the topic with their kids. Yet, by not addressing porn, you may be leaving your kids open to otherwise preventable self-image and mental health issues—possibly even legal problems.
According to a study published in 2022, of the 385 undergraduates surveyed, “28.2 percent of males and 23.7 percent of females recalled their exposure [to porn] as occurring between 9 and 11 years" of age. A small number of participants were exposed even earlier.
Though COVID and lockdowns could have blown up the ability to trust existing studies and data, so far, research indicates that porn use by minors has remained fairly steady.
Various studies confirm that youngsters sometimes use pornography as a source of information and education about sex. A 2017 synthesis of articles, published by the Australian Institute of Family Studies, offered the following key messages:
While many parents hope and believe their kids won’t fall prey to influences based on violence or fantasy , that's not necessarily the case. For instance, a 2019 study suggested that exposure to violent porn may be one risk factor for teen dating violence (TDF). In the study, female adolescents who were exposed to violent porn were “over 1.5 times as likely to perpetrate physical and threatening TDV, whereas male adolescents who were exposed were over 3 times as likely to perpetrate sexual TDV.”
It may also be important to consider the various styles of sex that kids may be exposed to through porn, especially those that it's especially important to be thoughtful, safe, and mindful
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