Source AP ©

Supreme Court to ban promotion of child pornography

The Supreme Court must uphold a U.S. law against the promotion of child pornography, despite the claims that it limits legitimate creative expression.

Opponents of the provision of the 2003 federal law that sets a five-year mandatory prison term for promoting child porn have said that movies that depict adolescent sex could fall under the law.

But Solicitor General Paul Clement, the administration's top Supreme Court lawyer, said the law is not meant to cover movies like "Lolita," "Traffic," "American Beauty" or "Titanic."

"If you're taking a movie like 'Traffic' or 'American Beauty' and you're promoting it, you have nothing to worry about with this statute," Clement said.

He asked the court to uphold the law as part of Congress' effort to protect children by eliminating the widespread market in child pornography.

The 11th U.S. Circuit Court of Appeals struck down the provision because it makes a crime out of merely talking about illegal images or possessing innocent materials that someone else might believe is pornography.

In the appeals court's view, the law could apply to an e-mail sent by a grandparent and entitled "Good pics of kids in bed," showing grandchildren dressed in pajamas.

Richard Diaz, the lawyer for a man convicted under the law, told the court, "It captures protected speech about materials that may not even, in fact, exist."

In 2002, the court struck down key provisions of a 1996 child pornography law because they called into question legitimate educational, scientific or artistic depictions of youthful sex.

Congress responded the next year with the PROTECT Act, which contains the provision under challenge in the current case.

Comments
Sanctions do not stop foreign countries from buying Russia's S-400 systems
Mikhail Gorbachev shares his thoughts on nuclear war
Russia unveils nuclear-powered interstellar spaceship
Moving inexorably towards war
Russia close to recognising Donetsk and Luhansk republics after Donbass elections
Russia’s sanctions against Ukraine send message to Washington
World War I: Remembering the fallen, and the war criminals
Sanctions do not stop foreign countries from buying Russia's S-400 systems
Norwegians complain of demoralised NATO soldiers
NATO to build prestrike staging base in Georgia
On the report of Human Rights Watch against the DPRK
2018: A critical lack of common sense in world governance
NATO to build prestrike staging base in Georgia
Russia unveils nuclear-powered interstellar spaceship
Russia unveils nuclear-powered interstellar spaceship
Capital outflow from Russia sets new records
Putin prepares bitter and hysterical missile surprise to 'American partners'
Putin prepares bitter and hysterical missile surprise to 'American partners'
Austria will not ruin its friendship with Russia despite spy scandal
The difference between Polish and Ukrainian nationalism is plain to see
Russia unveils nuclear-powered interstellar spaceship