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. The decision hands a major setback to the Justice Department and the majority of Congress in their legislative efforts to fight child pornography.
The 6-3 ruling says the law violates the First Amendment guarantee of freedom of speech. 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. 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.
