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Child Pornography

The Child Pornogrophy Prevention Act of 1996, prohibits, the shipment, distribution, receipt, reproduction, sale, or possession of any visual depiction that "appears to be of a minor engaging in sexually explicit conduct.". For almost two decades, federal law has prohibited the production and distribution of child pornography. Before the Child Pornography Prevention Act of 1996 (CPPA), this applied only to visual views of real children engaged in sexually explicit conduct. It also has a similar concern of any visual views that is "advertised, promoted, presented, described, in such a way that shows the impression that the material contains a minor engaging in sexually explicit conduct." . The question presented is whether those prohibitions are violating the First Amendment to the Constitution.

First, Congress determined that "child pornography is often used as part of a method of seducing other children into sexual activity." A child who is shown to engage in sexual activity with an adult can sometimes be convinced by viewings of other children 'having fun' participating in sexual activity." Congress determined that computer-generated images of children engaged in sexually explicit conduct can be just as effective in se


The Protection of Children Against Sexual Exploitation Act was based upon findings that child pornography and prostitution were highly organized, highly profitable, and exploited countless numbers of real children in its production. While the Act criminalized the commercial production and distribution of real children under the age of sixteen engaging in sexually explicit conduct, it also extended the prohibitions or so as to criminalize the of children or juveniles for the purpose of prostitution. In Ferber, the Court held that visual depictions of actual children engaged in sexual activity constitute a distinct category of speech that is unprotected by the First Amendment. Three principal considerations led the Court to reach that conclusion: The government's interest in protecting children from sexual abuse is "compelling." The distribution of depictions of children engaged in sexually explicit conduct is "intrinsically related" to the sexual abuse of children. The court of appeals' reasons for concluding that the prohibitions at issue are not supported by a compelling interest are not vague. To the court of appeals understanding, Ferber did not hold that the government's interest is in regulating depictions involving real children. The main point at issue in Ferber was only to depictions of sexual conduct by actual

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Approximate Word count = 897
Approximate Pages = 4 (250 words per page double spaced)


  

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