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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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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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United Kingdom

Belfast
Birmingham
Bristol
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Leeds
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London
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Sheffield

Mental Health

Addiction

Anxiety

ADHD

Asperger's

Autism

Bipolar Disorder

Chronic Pain

Depression

Eating Disorders

Personality

Passive Aggression

Personality

Shyness

Personal Growth

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Positive Psychology

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Low Sexual Desire

Relationships

Sex

Family Life

Child Development

Parenting

Talk to Someone

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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 mindfully consenting about (e.g., BDSM ).
Yes, the ongoing, built-in risk of kids witnessing adult sexualized stills and videos leaves a lot to discuss with innocent, young minds. When the time is appropriate, consider the following.
Please do what you need to ensure you can have the healthiest and most honest, helpful, protective, and shame-free conversation possible with your kid(s).
This blog is for informational purposes and does not provide therapy or professional advice.
Bernstein, S., Warburton, W., Bussey, K., & Sweller, N. (2022). Mind the gap: Internet pornography exposure, influence and problematic viewing amongst emerging adults. Sexuality, Research and Social Policy. https://doi.org/10.1007/s13178-022-00698-8
Bőthe, B., Vaillancourt-Morel, M. P., Dion, J., Paquette, M. M., Massé-Pfister, M., Tóth-Király, I., & Bergeron, S. (2022). A Longitudinal study of adolescents' pornography use frequency, motivations, and problematic use before and during the COVID-19 pandemic. Archives of Sexual Behavior, 51 (1), 139–156. https://doi.org/10.1007/s10508-021-02282-4
British Board of Film Classification. (n.d.) New research commissioned by the BBFC into the impact of pornography on children demonstrates significant support for age-verification. https://www.bbfc.co.uk/about-us/news/children-see-pornography-as-young-…
Jochen, P. & Valkenburg, P. M., (2016). Adolescents and pornography: A review of 20 years of research. Journal of Sex Research, 53 (4-5), 509-531. https://www.tandfonline.com/doi/full/10.1080/00224499.2016.1143441
Morrison, R. (2022, April 16). Why I started watching porn when I turned 50: 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. Salon.com
Perry, D. L. (2016). The impact of pornography on children. American College of Pediatricians. https://acpeds.org/position-statements/the-impact-of-pornography-on-chi…
Quadara, A., El-Murr. A., & Latham, J. (2017). The effects of pornography on children and young people: An evidence scan. Melbourne, Australian Institute of Family Studies.
Rostad, W. L., Gittins-Stone, D., Huntington, C., Rizzo, C. J., Pearlman, D., & Orchowski, L. (2019). The association between exposure to violent pornography and teen dating violence in grade 10 high school students. Archives of Sexual Behavior, 48 (7), 2137–2147. https://doi.org/10.1007/s10508-019-1435-4
Alli Spotts-De Lazzer, MA, LMFT, LPCC, CEDS-S, is the author of MeaningFULL: 23 Life-Changing Stories of Conquering Dieting, Weight, and Body Image 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.

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