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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:  from enforcing COPA until all outstanding legal issues related to it have been resolved. 47 In the face of successful legal challenges to laws regulating aspects of the Internet, including child pornography, the Free Speech Coalition, trade association for the adult entertainment industry, soon locked horns with the government over another provision of the law, the Child Pornography Prevention Act of 1996 (CPPA). 48 The Free Speech Coalition sued, claiming that the CPPA, which expanded federal prohibition on child pornography to include not only images made using actual children but also any visual depiction, including any photograph, film, video, picture or computer-generated image or picture that is, or appears to be, of a minor engaging in sexually explicit conduct, or conveys the impression that it depicts a minor engaging in sexually explicit conduct, violated its First Amendment rights. Pictures covered by the act included “virtual child pornography” produced by means other than using real children such as the use of youthful looking adults or computer-imaging technology. The issue before the court was whether the CPPA was consistent with legal precedent. The Court said it did not. In a 7-2 decision, the court held that the CPPA is vague and overbroad because it bans material that is neither obscene under Miller nor produced by the exploitation of real children as in Ferber. The Court ruled that where the speech is neither obscene nor the product of sexual abuse, it does not fall outside First Amendment protection. 47 See Ashcroft v. American Civil Liberties Union, 535 U.S._____(2002). 48 CPPA 18 U.S.C. §2256(8)(A-D) (1996).

Authors: Eko, Lyombe.
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from enforcing COPA until all outstanding legal issues related to it have been
resolved.
47
In the face of successful legal challenges to laws regulating aspects of the
Internet, including child pornography, the Free Speech Coalition, trade
association for the adult entertainment industry, soon locked horns with the
government over another provision of the law, the Child Pornography Prevention
Act of 1996 (CPPA).
48
The Free Speech Coalition sued, claiming that the CPPA,
which expanded federal prohibition on child pornography to include not only
images made using actual children but also any visual depiction, including any
photograph, film, video, picture or computer-generated image or picture that is, or
appears to be, of a minor engaging in sexually explicit conduct, or conveys the
impression that it depicts a minor engaging in sexually explicit conduct, violated
its First Amendment rights. Pictures covered by the act included “virtual child
pornography” produced by means other than using real children such as the use
of youthful looking adults or computer-imaging technology. The issue before the
court was whether the CPPA was consistent with legal precedent. The Court
said it did not. In a 7-2 decision, the court held that the CPPA is vague and
overbroad because it bans material that is neither obscene under Miller nor
produced by the exploitation of real children as in Ferber. The Court ruled that
where the speech is neither obscene nor the product of sexual abuse, it does not
fall outside First Amendment protection.
47
See Ashcroft v. American Civil Liberties Union, 535 U.S._____(2002).
48
CPPA 18 U.S.C. §2256(8)(A-D) (1996).


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