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Information Technology News Supreme Court reviews child porn law
Information Technology News Supreme Court reviews child porn law | Supreme Court reviews child porn law |
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| by Stephen Withers | |
| Wednesday, 28 March 2007 | |
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"Non-commercial, non-inciteful promotion of illegal child pornography, even if repugnant, is protected speech under the First Amendment," the three-judge bench ruled. The judges also expressed concern that the law could make innocent behaviour illegal, suggesting that it could be used, for example, against a grandparent who sent an email headed "Good pics of kids in bed" showing grandchildren in their pyjamas. The law in question is contained in the Prosecutorial Remedies and Other Tools to End the Exploitation of Children Today (PROTECT) Act passed in 2003. Part of the reasoning behind allowing charges to proceed whether or not the material exists was to make it easier to prosecute even if authorities are unable to get hold of the images. The Supreme Court appeal is being heard at the request of the federal government. Solicitor General Paul Clement said traffickers of child pornography "deserve no sanctuary." The case will not be heard before October.{moscomment}
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