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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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Commentary: Is 'sexting' child pornography?
Story Highlights Mike Galanos: Teens are sending explicit photos of themselves to other kids He says parents should be aware of what's happening and educate children Galanos: Sexting should be punished but not treated as child pornography Next Article in Crime »
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© 2022 Cable News Network. A Warner Media Company. All Rights Reserved. CNN Sans ™ & © 2016 Cable News Network.
Editor's note: Mike Galanos hosts " Prime News " from 5-7 p.m. ET Mondays through Fridays on HLN . "Prime News" uses the day's most powerful headlines as a starting point for diverse perspectives, spirited debate and your points of view.
Mike Galanos says child pornography charges are too harsh for teens caught "sexting."
ATLANTA, Georgia (CNN) -- "Sexting."
Have parents out there ever even heard of this term?
Whether you want to admit it or not, teenagers are sending sexual messages and naked pictures of themselves to their boyfriends and girlfriends. In most cases it's the girl sending a picture or message to the guy.
If you're thinking to yourself right now, "What's the big deal?" then you should think again. This practice can ruin our teenagers' lives.
Six teens in Greensburg, Pennsylvania, were charged as juveniles with possessing child pornography after three girls sent nude or semi-nude pictures of themselves to three boys.
A 13-year-old boy in Middletown, Ohio, is facing felony pandering obscenities charges after taping a sex act and showing it to friends at a skating party. A felony? Yes this kid needs to be punished but we don't need our 13 or 14-year-olds charged with child porn and lumped in with adult pedophiles and labeled as sex offenders.
I've spoken with several attorneys on our show and it seems there is no one reason prosecutors are opting to charge teens with child porn instead of lesser charges. Some may be doing it to "send a message."
Some may feel they have an obligation to charge these teens with the most serious offense possible and, according to the law, naked pictures of underage kids are usually considered child porn. And others may feel they are left with no options since there aren't really any laws that apply specifically to sexting.
In any case, it's clear we need to change our laws to catch up with technology.
A great illustration of why change is needed now is the story of Phillip Alpert, of Orlando, Florida. He didn't ask, but his girlfriend sexted him naked pictures of herself, according to the Orlando Sentinel. When they broke up, he mass e-mailed the photos to get back at her. Alpert, 18, was convicted of transmission of child porn and he will carry the label of "sex offender" until he is 43. He lost friends, was kicked out of school, he can't even move in with his dad because his dad lives near a school.
Should Phillip be punished? Yes. Should the six teens in Pennsylvania face consequences? Yes. But let's kick them off cheerleading squads and sports teams. Make them do community service and take classes on sex crimes. Educate other teens on the dangers of sexting. Pay a price, yes, but these young people shouldn't pay for this for the rest of their lives.
And if you think this couldn't happen to your kid, think again. Sexting is more prevalent than you think.
The National Campaign to Prevent Teen and Unplanned Pregnancy teamed up with CosmoGirl.com and asked over 1,200 teens about their sexual behaviors in cyberspace.
According to their study, 39 percent of teens (that's ages 13-19) are sending or posting sexually suggestive messages over IM, text or e-mail and around the same number of teens are receiving such messages. Half of those teens, 20 percent, are sending or posting nude or semi-nude pictures of themselves. That's frightening.
On our show, psychotherapist Stacy Kaiser said, "What I'm finding is a lot of girls are doing this because they're hoping it will help them get or keep a boyfriend." The numbers agree with Stacy.
According to the study, 51 percent of girls say it's "pressure from guys" that's making them send sexual messages and pictures of themselves. So guys are expecting this and our girls are saying "OK." It makes me wonder how much progress we've really made in how young women are viewed and treated.
The bottom line: We need to educate, not incarcerate, our teens and it has to start with parents.
Don't let the culture indoctrinate your little boy or girl about sex before their time. So strike first as a parent. If your kids are older, let them know a digital record is for life. When little Suzie tries to win the affection of little Bobby by sexting him a picture, she is putting her future at stake. There is no control over that image or video once it gets out. But that doesn't mean little Suzie should be charged as a child pornographer.
The opinions expressed in this commentary are solely those of Mike Galanos.



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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