FC: Antiporn groups tell Supremes that "morphed" child porn law is OK

From: Declan McCullagh (declanat_private)
Date: Mon Apr 23 2001 - 20:02:11 PDT

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    A collection of anti-porn groups filed amicus briefs today before the U.S. 
    Supreme Court arguing that the so-called "morphed child porn" is 
    constitutional.
    
    Amicus brief from the National Law Center for Children and Families, the 
    National Coalition for the Protection of Children and Families and the 
    Family Research Council:
    http://www.politechbot.com/docs/nlc-frc.amicus.042301.html
    
    Morality in Media amicus brief:
    http://www.politechbot.com/docs/morality.amicus.042301.html
    
    Text of the 1996 morphed child porn law (also called the Child Pornography 
    Prevention Act):
    http://www.politechbot.com/docs/cppa.text.html
    
    Background (see wired.com for coverage tomorrow):
    http://www.politechbot.com/cgi-bin/politech.cgi?name=morphed
    
    -Declan
    
    **********
    
    From: "Bruce Taylor" <BruceTaylorat_private>
    To: "Declan McCullagh" <declanat_private>
    Subject: FW: Our amici brief in Supreme Court in child porn case
    Date: Mon, 23 Apr 2001 18:18:12 -0400
    
    	Attached is the Brief Amici Curiae of the National Law Center for Children
    and Families, the National Coalition for the Protection of Children &
    Families, and the Family Research Council, in Support of Petitioners (the
    Attorney General, DOJ, et al.), which was filed with the Supreme Court today
    in Ashcroft v. Free Speech Coalition, the computerized child porn case
    involving 18 USC 2252A.
    	The Ninth Circuit declared the statute unconstitutional as applied to
    computer generated images of child sex that aren't proven to include an
    actual minor person, but the First, Fourth, and Eleventh Circuits have
    upheld it as written and intended by Congress to apply to realistic,
    synthetic images that are or appear to be of real children.
    	We argued that the statute is valid for three main reasons:
    (1) the new law only applies where the images are so realistic that they
    appear to be real, whether created in whole or part by polaroid or pentium;
    (2) that counterfeit child porn is a clear and present danger to children
    because such realistic images would have the same incitement effect on
    pedophiles to molest children and the same seductive effect on children to
    become victims and, therefore, the act of knowingly producing, distributing,
    or possessing such child sex images should not be recognized as a type of
    protected expression under the First Amendment; and
    (3) that such computer imaging technology is a threat to the effectiveness
    of the existing child exploitation statutes, since law enforcement cannot
    find all the children in the images and defendants would argue that there is
    an automatic reasonable doubt defense to prosecutions of even "real" child
    porn under the old statute because it cannot be assumed that what appears to
    be a picture of a child is actually of a real child when computers can
    create the same authentic-looking images.
    	Amicus briefs were also filed in support of the law by Morality in Media,
    American Center for Law and Justice, and the National Center for Missing and
    Exploited Children.
    
    ********** 
    
    
    
    
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