FC: Did Supreme Court really overturn "morphed" kiddie porn ban?

[Declan McCullagh <declan () well com>]

Paul McMasters from the Freedom Forum notes that the Supreme Court did not 
strike down the whole Child Pornography Prevention Act. He is correct. The 
CPPA adds three new prohibitions to federal anti-child-porn law. Only two 
were challenged in this case, and only two were struck down.

Specifically, only the first, §2256(8)(B), and the third, §2256(8)(D), were 
part of the case. (A)  -- the old law --and (C) were not. My reading is 
that both (B) and (C) cover "morphed" child porn, with (C) being more 
narrow since it says "identifiable minor." The majority notes in passing 
that (C) is "closer to" the type of law that might be constitutional.

See below for the details.

-Declan

http://www4.law.cornell.edu/uscode/18/2256.html
(A) the production of such visual depiction involves the use of a minor 
engaging in sexually explicit conduct;

(B) such visual depiction is, or appears to be, of a minor engaging in 
sexually explicit conduct;

(C) such visual depiction has been created, adapted, or modified to appear 
that an identifiable minor is engaging in
        sexually explicit conduct; or

(D) such visual depiction is advertised, promoted, presented,
        described, or distributed in such a manner that conveys the 
impression that the material is or contains a visual depiction
        of a minor engaging in sexually explicit conduct; and




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