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Regulation of Computer-generated virtual Child Pornography under American and French Jurisprudence: One Country’s Protected “Speech” is another’s Harmful Smut.
Unformatted Document Text:  Relative to the Prevention and Suppression of Sexual Infractions as well as the Protection of Minors. 28 Regulation of Online Child Pornography Under American Jurisprudence. In order to understand American regulation of child pornography on the Internet, it is necessary to survey regulation of child pornography in general and online child pornography in particular. As early as 1944, the Supreme Court of the United States had held that the government had a compelling interest in protecting the physical and psychological well being of minors. 29 In the 1970s and 1980s, as a result of a marked increase in the use and portrayal of children in pornography, Congress and virtually all states passed statutes that sought to combat the problem. 30 In 1977, Congress passed the Sexual Exploitation of Children Act. 31 Generally speaking, American courts have tended to protect children from being exposed to pornography and from being involved in its manufacture. In Ginsburg v. the State of New York, 32 the Supreme Court of the United States let stand a conviction of Samuel Ginsburg for violation of a New York statute which 28 See Tribunal de Grande Instance du Mans, (*****)Judgement Correctionnel du 16 fĂ©vrier 1998, (Criminal Judgment of February 16, 1998) Monsieur le Procureur de la Republique/Philippe H. ( The Prosecutor of the Republic v. Philippe H.) http://www.legalis.net/jnet/decisions/illicite_divers/jug_tgi_mans_160298.htm (last visited October 31, 2002). 29 See Prince v. Massachusetts, 321 U.S. 158, 168 (1944); See also Sable Communications of California v, FCC, 492 U.S. 115 (1989).. 30 See MARGARET JASPER, THE LAW OF OBSCENITY AND PORNOGRAPHY 79 (1996) (list of state child pornography statutes). 31 18 U.S.C. § 2251-2253 (1977). 32 390 U.S. 629 (1968).

Authors: Eko, Lyombe.
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Relative to the Prevention and Suppression of Sexual Infractions as well as the
Protection of Minors.
28
Regulation of Online Child Pornography Under American Jurisprudence.
In order to understand American regulation of child pornography on the
Internet, it is necessary to survey regulation of child pornography in general and
online child pornography in particular. As early as 1944, the Supreme Court of
the United States had held that the government had a compelling interest in
protecting the physical and psychological well being of minors.
29
In the 1970s
and 1980s, as a result of a marked increase in the use and portrayal of children
in pornography, Congress and virtually all states passed statutes that sought to
combat the problem.
30
In 1977, Congress passed the Sexual Exploitation of
Children Act.
31
Generally speaking, American courts have tended to protect children from
being exposed to pornography and from being involved in its manufacture. In
Ginsburg v. the State of New York,
32
the Supreme Court of the United States let
stand a conviction of Samuel Ginsburg for violation of a New York statute which
28
See Tribunal de Grande Instance du Mans, (*****)Judgement Correctionnel du 16 février 1998,
(Criminal Judgment of February 16, 1998) Monsieur le Procureur de la Republique/Philippe H. ( The
Prosecutor of the Republic v. Philippe H.)
http://www.legalis.net/jnet/decisions/illicite_divers/jug_tgi_mans_160298.htm
(last visited October 31,
2002).
29
See Prince v. Massachusetts, 321 U.S. 158, 168 (1944); See also Sable Communications of California v,
FCC, 492 U.S. 115 (1989)..
30
See MARGARET JASPER, THE LAW OF OBSCENITY AND PORNOGRAPHY 79 (1996) (list of
state child pornography statutes).
31
18 U.S.C. § 2251-2253 (1977).
32
390 U.S. 629 (1968).


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