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Blanket suppression of an entire type of speech is by its very nature a content-discriminating act.
Congress had justified the wider ban on grounds that while no real children were harmed in creating the material, real children could be harmed by feeding the prurient appetites of paedophiles or child molesters. 103 (1990) where the court upheld a statute making it illegal to possess child pornography.
The Free Speech Coalition, the pornographers' trade group, said it opposes child pornography but that the law could snare legitimate, if unsavoury, films and photos produced by its members. None of the US federal or state laws deal with so called pseudo-photographs.
Section 3 of the 1996 Act, adds a new subsection to 18 U. Appeal from the United States District Court for the Northern District of California Samuel Conti, District Judge, Presiding Argued and Submitted March 10, 1998--San Francisco, California, Filed December 17, 1999 Before: Warren J. Section 2556(8) of the CPPA defines child pornography as any visual depiction, including computer images, of sexually explicit conduct.
Subsection (B) bans sexually explicit depictions that "appear to be" minors; subsection (D) prohibits depictions that "convey the impression" that they contain sex-ually explicit portrayals of minors.
The bill originally introduced by Senator Hatch, was included in part of a broad spending Omnibus Consolidated Appropriations Act, 1997 which was signed into law by President Clinton. 2252A sets mandatory prison sentences of at least 15 years for production and distribution of child pornography.
It had passed the US Senate on September 30, 1996 just hours before the midnight deadline for the start of fiscal year 1997. The act also includes and makes subject to the same provison, the receivers of child pornography.
The group did not challenge a section of the law that banned the use of identifiable children in computer-altered sexual images. 15 (1973).obscenity standard did not apply to child pornography because child pornography is per se obscene. It is not illegal to create or possess pornographic images of children by means of computers.
The Clinton and Bush administrations defended the law in court. Child Pornography Prevention Act 1995 (HR n.a., section 1237) sponsored by Sen.