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WEDNESDAY, APRIL 17, 2002

The Supreme Court on Tuesday struck down portions of a law that banned computer-generated child pornography.

Six Justices said parts of the Child Pornography Prevention Act of 1996 violated the First Amendment right to free speech. A total of seven also agreed that it was unconstitutional to make it a crime to present young-looking persons as children.

Two members of the Court, Chief Justice William H. Rehnquist and Justice Antonin Scalia, said the entire law was constitutional and said the majority applied an overly broad standard. Justice Sandra Day O'Connor agreed in her own opinion, which was joined by Rehnquist and in party by Scalia.

Justice Anthony Kennedy wrote for the Court. Justice Clarence Thomas wrote his own concurrence with the majority.

The Department of Justice was charged with enforcing the law.

Get the Story:
Law Aimed At 'Virtual' Child Porn Overturned (The Washington Post 4/17)
'Virtual' Child Pornography Ban Overturned (The New York Times 4/17)
Reaction to a Controversial Decision Is Passionate (The New York Times 4/17)
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Get the Decision Ashcroft v. Free Speech Coalition 00-795:
Syllabus | Opinion | Concurrence | Dissent | O'Connor Opinion

Relevant Links:
Cyberspace Law, Child Pornography - http://www.jmls.edu/cyber/index/cp.html