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The feds identified the suspect as 26-year-old Jace Wong of San Francisco.
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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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Pornography that exploits children for sexual stimulation
Wikiquote has quotations related to Child pornography .
^ Lee, Hee-Eun; Ermakova, Tatiana; Ververis, Vasilis; Fabian, Benjamin (September 2020). "Detecting child sexual abuse material: A comprehensive survey". Forensic Science International: Digital Investigation . 34 : 301022. doi : 10.1016/j.fsidi.2020.301022 . S2CID 225487613 .
^ Jump up to: a b admin (23 December 2015). "Online child sexual abuse material" .
^ Jump up to: a b c Finkelhor, David (1994). "Current Information on the Scope and Nature of Child Sexual Abuse". The Future of Children . 4 (2): 31–53. doi : 10.2307/1602522 . JSTOR 1602522 . PMID 7804768 . ERIC EJ497143 .
^ Jump up to: a b c Hobbs, Christopher James; Helga G. I. Hanks; Jane M. Wynne (1999). Child Abuse and Neglect: A Clinician's Handbook . Elsevier Health Sciences. p. 328. ISBN 978-0-443-05896-7 . Child pornography is part of the violent continuum of child sexual abuse
^ Jump up to: a b Claire Milner, Ian O'Donnel (2007). Child Pornography: Crime, computers and society . Willan Publishing. p. 123. ISBN 978-1-84392-357-2 .
^ Jump up to: a b c d Sheldon, Kerry; Dennis Howitt (2007). Sex Offenders and the Internet . John Wiley and Sons. p. 20. ISBN 978-0-470-02800-1 . 'Child pornography is not pornography in any real sense; simply the evidence recorded on film or video tape – of serious sexual assaults on young children' (Tate, 1992, p.203) ... 'Every piece of child pornography, therefore, is a record of the sexual use/abuse of the children involved.' Kelly and Scott (1993, p. 116) ... '...the record of the systematic rape, abuse, and torture of children on film and photograph, and other electronic means.' Edwards(2000, p.1)
^ Jump up to: a b c Klain, Eva J; Davies, Heather J; Hicks, Molly A (2001). Child pornography: the criminal-justice-system response (PDF) . National Center for Missing & Exploited Children. OCLC 224291488 .
^ Jump up to: a b c d Wortley, Richard; Stephen Smallbone. "Child Pornography on the Internet". Problem-Oriented Guides for Police . No. 41: 17. The children portrayed in child pornography are first victimized when their abuse is perpetrated and recorded. They are further victimized each time that record is accessed.
^ Jump up to: a b c d e f g Akdeniz, Yaman (2008). Internet child pornography and the law: national and international responses . Ashgate Publishing, Ltd. p. 11. ISBN 978-0-7546-2297-0 .
^ Jump up to: a b c Wortley, Richard; Stephen Smallbone (2006). Situational Prevention Of Child Sexual Abuse, Volume 19 of Crime prevention studies . Criminal Justice Press. p. 192. ISBN 978-1-881798-61-3 .
^ Jump up to: a b c Sanderson, Christiane (2004). The seduction of children: empowering parents and teachers to protect children from child sexual abuse . Jessica Kingsley Publishers. p. 133. ISBN 978-1-84310-248-9 .
^ Jump up to: a b c Sheldon, Kerry; Dennis Howitt (2007). Sex Offenders and the Internet . John Wiley and Sons. p. 9. ISBN 978-0-470-02800-1 . ...supplying the material to meet this demand results in the further abuse of children Pictures, films and videos function as a permanent record of the original sexual abuse. Consequently, memories of the trauma and abuse are maintained as long as the rec
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