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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:  material that describes in patently offensive terms, sexual or excretory activities or organs. A US District court entered an injunction against enforcement of both provisions of the act stating that they violated the First Amendment of the Constitution of the United States because they were vague and overbroad. The Supreme Court of the United States affirmed. The Court, however, allowed the government to investigate and prosecute obscenity and child pornography on the Internet. The Government appealed to the Supreme Court of the United States. The issue before the court was whether the two contested provisions of the Communications Decency Act violated the freedom of speech guaranteed by the First Amendment. The Court said they did. The judges held that the provisions were an imprecise, content-based, blanket restriction on speech. The main outcome of this case is that the Supreme Court of the United States ruled that the regulatory regime under which the Internet falls is identical to that of the print media. Therefore, the Internet had full First Amendment protection unlike radio, television or even cable, whose First Amendment rights are qualified due to their technical limitations and invasive nature. In the mean time, Congress passed the Protection of Children from Sexual Predators Act of 1998, 45 and tried to rectify the constitutional defects of the CDA through the Child Online Protection Act. 46 The Supreme Court of the United States has held that COPA’s reliance on the “community standards” prong of the Miller test to identify material harmful to adults does not render the statute overbroad for first Amendment purposes. However, the government is enjoined 45 See Public Law 105--314 (H.R. 3494 (1998) (Under this act, enticing minors on the Internet to engage in sexual activity is illegal. The Internet is classified as an instrument of “interstate or foreign commerce).” 46 47 U.S.C. § 231 (a)(1).

Authors: Eko, Lyombe.
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material that describes in patently offensive terms, sexual or excretory activities
or organs. A US District court entered an injunction against enforcement of both
provisions of the act stating that they violated the First Amendment of the
Constitution of the United States because they were vague and overbroad. The
Supreme Court of the United States affirmed. The Court, however, allowed the
government to investigate and prosecute obscenity and child pornography on the
Internet. The Government appealed to the Supreme Court of the United States.
The issue before the court was whether the two contested provisions of the
Communications Decency Act violated the freedom of speech guaranteed by the
First Amendment. The Court said they did. The judges held that the provisions
were an imprecise, content-based, blanket restriction on speech. The main
outcome of this case is that the Supreme Court of the United States ruled that
the regulatory regime under which the Internet falls is identical to that of the print
media. Therefore, the Internet had full First Amendment protection unlike radio,
television or even cable, whose First Amendment rights are qualified due to their
technical limitations and invasive nature.
In the mean time, Congress passed the Protection of Children from Sexual
Predators Act of 1998,
45
and tried to rectify the constitutional defects of the CDA
through the Child Online Protection Act.
46
The Supreme Court of the United
States has held that COPA’s reliance on the “community standards” prong of the
Miller test to identify material harmful to adults does not render the statute
overbroad for first Amendment purposes. However, the government is enjoined
45
See Public Law 105--314 (H.R. 3494 (1998) (Under this act, enticing minors on the Internet to engage in
sexual activity is illegal. The Internet is classified as an instrument of “interstate or foreign commerce).”
46
47 U.S.C. § 231 (a)(1).


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