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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.
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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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On second thought -- waiter, cancel the penne!
Day workers will help you move, landscape, paint, almost any chore that needs to be done. They have no set hourly price. However, do the right thing and pay what is mutually agreed upon. (Some workers have complained about getting stiffed for up to three days' work.)
Laborers gather in corners across the Valley. However, if you want guaranteed day labor, the corner of Broadway Road and Mesa Drive in Mesa is a sure bet. Up until noon every day of the week, all four corners of the intersection and adjacent streets are filled with guys eager to make a day's wage.
Pickup trucks pull up and a handful of them will jump in the bed. These men are eager to work and consider day labor a big boost to their economic situation; many send their earnings home and put a little aside in their savings.
But what about the women? We haven't found a comparable "official" group, but we did get an invite last spring to a chick trip that looked way better than any 20/30 charity golf tourney.
Cassidy and Katie Campana (daughters of former Scottsdale Mayor Sam) have made an annual tradition of gathering their girlfriends and their girlfriends' female dogs (along with ample libations appropriate for both species) and heading to the northern Arizona pine country for the ultimate bitch session.
The Campanas make grudging exceptions for male dogs, but otherwise the event is strictly off-limits to men. "This is an all-girl weekend . . . so save all your griping, but also all the juicy stories," the invitation reads.
But even jaded motorists will do a double take at the name emblazoned on several signs near the entrance to the Lost Dutchman State Park. Instead of bearing the names of the sponsoring do-gooders, these signs merely declare: "In loving memory of John Denver."
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"It's unfathomable on so many levels. For one, that it actually happened. For two, where it happened. For three, how often something happened," the mother said in an exclusive interview with Eyewitness News.
The woman, who asked to be identified only as Jane Doe, said her 5-year-old daughter was caught by a teacher inside a bathroom at school giving oral sex to a 4-year-old boy.
"I said, 'Where did you see this? How did you know that this was something to do? 'She said, 'I saw another little girl do it.' I said, 'Well, where?' 'Here at school.' 'When?' 'During nap time,'" the mother recalled.
Jane said investigators found no evidence of child abuse at her home. She provided us documents from the County of Los Angeles Department of Children and Family Services showing the case was closed as inconclusive.
The First Lutheran Church of Carson School was cited by the California Department of Social Services for a sexual incident between kids. Jane's daughter said it wasn't an isolated incident.
"The way that she explained it, it was kind of like it was an everyday thing...from pulling the pants down to exposing themselves to, you know, trying to get somebody to put their mouth on the privates," said Jane.
Eyewitness News first broke this story on Friday when Richard McCarthy told us exclusively that his son often received oral sex at the school.
"It went down in the classroom, it went down in the bathroom, and it went down out on the playground," said McCarthy.
After seeing that story, attorney Greg Owens said more people started asking to join his lawsuit against the school and the church, so he is no longer planning to file it Monday. He is going to wait.
The Los Angeles County Sheriff's Department's Carson Station says the story is prompting it to ask questions of various state agencies to see if any crimes were committed.
The school itself is set to close on Friday. School officials still haven't gone on camera, but told me off camera that they believe there were only two incidents involving inappropriate touching among the kids.
They said the school is closing because the director is leaving for personal reasons and no teacher wants the job. They insist student sex has nothing to do with the closure.
"I think they definitely tried to cover up the incidents," said Jane.
Jane pulled her daughter out of the school in October. She said her daughter is in public school now and doing better. As for Jane, the reality is still tough.
"As a mother, I tend to blame myself, thinking what if I had just asked the question, what if I could have found out somehow that this is going on," she said.
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