(Supreme) Court Reviews Child Pornography Law

[Eugene]

Source: Associated Press

Court Reviews Child Pornography Law

By MARK SHERMAN | Associated Press Writer
2:58 PM EDT, October 30, 2007

WASHINGTON - The Supreme Court explored Tuesday
whether it could limit the reach of a child pornography
law so that it would not apply to legitimate creative
expression, vivid adolescent imaginations or innocent
e-mails with provocative headings.

The court took up a challenge to a provision of a 2003
federal law that sets a five-year mandatory prison term
for promoting child porn. Opponents have said the law
could apply to movies like "Traffic" or "Titanic" that
depict adolescent sex.

The 11th U.S. Circuit Court of Appeals struck down the
provision, saying it makes a crime out of merely talking
about illegal images or possessing innocent materials
that someone else might believe is pornography.

In the appeals court's view, the law could apply to an
e-mail sent by a grandparent and entitled "Good pics of
kids in bed," showing grandchildren dressed in pajamas.

-snip-

Read more: http://www.newsday.com/news/politics/wire/sns-ap-scotus-child-porn,0,6318430.story

[Jim__]

1. Since the 11th Circuit struck down the provision ...

... I think that the fact that the Supreme Court is reviewing it means they are considering overruling the 11the circuit.

Damn near everyone is against child pornography, but a law that can imprison a grandparent for sending a picture of their grand children in their pajamas is wrong. According to bush admin:

Solicitor General Paul Clement, the Bush administration's top Supreme Court lawyer, sought to assure the justices that the law is meant to apply to people who are peddling child pornography, principally on the Internet.

"meant to apply". That makes me feel good.

[melody]

2. Yeah, we've seen how judicious these people are in "applying" laws

This isn't an attack on child porn. This is an attack on rights of expression. If the government wanted to stop child porn, all they would have to do is stop pursuing legal adult porn and prosecuting drug possession and focus its headlights on commercial child abuse. All they want to do is put another screw to the free and lawful citizens.

[izquierdista]

3. Pesky 11th circuit

How are undesirables to be disappeared with out the excuse "child porn found on computer"? That's the ultimate card in the fascist enforcers deck, the one that when played will get even 90% of DU screaming for capital punishment to be carried out before the sun goes down.