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The law was challenged by a trade association for pornographers.
It barred sexually explicit material that "appear(s) to be a minor" or that is advertised in a way that "conveys the impression" that a minor was involved in its creation.
See which makes it a federal offence to knowingly receive child pornography. 747 (1982) which held that States can prohibit the depiction of minors engaged in sexual conduct. Hatch (R-UT), Abraham (R-MI), Grassley (R-IA), and Thurmond (R-SC) was introduced to criminalize material that depicts children engaging in sexually-explicit conduct whether or not the material was produced with children or entirely without computer.
Child pornography is defined as: "any visual depiction of "sexually explicit conduct" involving children" by (a) (2) (A). The Bill is in the judiciary committee (September 1995).
Blanket suppression of an entire type of speech is by its very nature a content-discriminating act.
The CPPA is not a time, place, or manner regulation.
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 statute criminalizes even those materials that do not involve a recognizable minor.While the government is given greater leeway in regulating child pornography, materials or depictions of sexual conduct that do not involve live performance or visual reproductions of live performances retain First Amendment protection.
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The judgment is a victory for both pornographers and legitimate artists such as filmmakers.