As mentioned earlier, the definition of child pornography was amended by the Protect Act for including digital images from that of a child engaged in illicit sexual activity. The congress has defined it as an illustration of the image. An ordinary viewer would conclude the illustration as an act in which a child was engaged in a sexually explicit activity. However, Congress also mentioned what has not been included in such illustration: drawings, cartoons, sculptures, or paintings depicting children or adults. Therefore, there was a limitation in the content that comes under the definition in the Protect Act. Consequently, the amendment in the language of the definition reduced the “chill” on the protected speech, which was an issue for the court in the Free Speech Coalition. The Supreme Court’s defense in the Free Speech Coalition has been amended as the affirmative defense provided in the Protect Act. Individuals who are charged with offenses such as trafficking, possession with the intention of selling, or mere possession of child pornography can assert the affirmative defense where,
Actual individuals produced the child pornography or individuals were engaged in explicit sexual activities.
The individuals involved were adults while producing the material.
There were no children involved in the alleged child pornography.
Child Pornography and The Protect Act
Important Provisions of the Child Pornography Prevention Act were struck down by the Supreme Court in Ashcroft v. Free Speech Coalition in 2002 as the court found the provisions to be overboard. One of the law’s key provisions prohibited virtual child pornography where pictures of children involved in sexual activities were generated on the computer. According to Justice Kennedy, there was a violation of the First Amendment by the law as it prohibited visual representation of the idea. However, the court did not mention Congress being powerless in dealing with the issue of child pornography. Pandering as well as the Congress attacked solicitation of child pornography through the Protect Act. The Protect Act revised the definition of child pornography. It included new provisions that strengthened prohibiting such pictures of children and attempting to prevent persons from escaping the punishment by claiming the government’s failure to prove those pictures was not virtual. The revision made in the definition of child pornography and changes in the affirmative defense work for creating a constitutionally sound rebuttable presumption should suffice in surviving the challenges in the court.
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