1st Amendment and Virtual Child Pornography The question whether "virtual child pornography" should be protected by the First Amendment of the U.S. Constitution depends on whether it is a category of speech that falls under the free speech guarantee of this constitutional provision. The First Amendment in its relevant part provides that "Congress shall make no law & #8230; abridging the freedom of speech." The constitutional guarantee of free speech is not limitless. There are some categories of expression developed by the U.S. Supreme Court that do not enjoy constitutional protection by the First Amendment. One of the non-protected categories is "child pornography." In the case New York v. Ferber of 1982 the U.S. Supreme Court has ruled that child pornography, regardless of whether the material was obscene, is one of the exceptions carved out of the scope of the First Amendment free speech protection because the interest of society in protecting children against abuse outweighs its interest in this form of speech (see Coleman. S. You only live twice: How the First Amendment Impacts Child Pornography in Second Life, p. 1). "Virtual child" pornography material is different from "child pornography" material in so far as it does not make use of real children images....
"Virtual Child" Pornography on the Internet: A "Virtual" Victim?, p. 1). The question therefore is whether both manifestations of child pornography are to be treated alike under the First Amendment. In its "Ashcroft v. The Free Speech Coalition" decision of 2002 the U.S. Supreme Court considered the constitutional validity of a part of the "Child Pornography Prevention Act" ("CPPA) of 1996 that banned "virtual child" pornography and thereby extended the Ferber rule. The Supreme Court came to the conclusion that this part of the CPPA could not be upheld because it was overbroad and unconstitutional under the First Amendment (see Cisneros, p. 1 f.). Congress had enacted the CPPA in 1996 to fight the ongoing battle against sexual exploitation of children by using a very expansive definition of "child pornography" that proscribed all apparently realistic pornographic depictions of children: actual, virtual, or any combination thereof (see Coleman, p. 202). The result has been that as long as material created the impression that a child was actually been depicted therein, it lost its First Amendment protection (see Coleman, p. 202). The government had presented four arguments why the statutory ban on virtual child…
1st Amendment Protections for Child Pornography: The 2002 Decision in the Case of Ashcroft v. Free Speech Coalition. Laws have been passed outlawing child pornography in its various formats. It is forbidden by law to use a minor younger than age eighteen for visual depictions of sexually explicit acts. Possessions of such photographs are forbidden, and in 1966 the Child Pornography Prevention Act (CPPA) forbade trafficking in visual productions of
Next, the researcher will conduct a query of the computer awareness of education administrators, teachers, parents, and students in the New Orleans school district, then evaluation of documented data will provide a research base of the required elements needed to consider while developing a framework that can be used as a guide by educational leaders and parents for the protection of children at school and at home. Research areas
More precisely, especially in old towns and villages, the members of the community which are the citizens of that small society are also the ones who are directly deciding on issues which affect their community. Thus, town hall meetings usually are the places where everything is discussed and decided upon. One of the important benefits of direct democracy is the degree of implication of the citizens. Better said, in the
Cyber Forensics and Legal Considerations: Is the Law Keeping up with Advancing Technology? Introduction Because of the digital age and the possibilities it has introduced, digital forensics is now a necessity within the realm of law enforcement. However, there are numerous considerations to be made within this realm: constitutional law, property law, contract law, tort law, cybercrime, criminal procedure, evidence law, and cyber war. This paper will examine how the law is
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