The Child Pornography Prevention Act Of 1996 - 914 Words

Ashcroft v. Free Speech Coalition (2002) took away many sections of the Child Pornography Prevention Act of 1996. The Act made it illegal to virtually possess or distribute child pornography. Congress passed the Protect Act in 2003 to advertise, solicit, or promote any material of minors having sex or performing sexual acts. Michael Williams was in a chat room attempting to obtain child porn. A secret service agent instant messaged with the man to bait him. Williams later wrote he had pictures of a four year old being raped. After receiving several pictures the agent got a warrant for William’s house. Williams was arrested under Section 2252 A of the Protect Act. Williams pleaded guilty but challenged the Acts constitutionality. An Eleventh Circuit Appeals Court reversed Williams conviction. The government appealed to the Supreme Court. 3. Questions of the Court Does the Protect Act violate the First Amendment? 4. Holding No. The vote was 7-2 in favor of the U.S 5. Opinions of the Court Justice Scalia wrote the opinion of the Court. Section 225 A (a) (3) (B) bans the distribution of child pornography. This case is to determine if the law violates the First Amendment or Fifth Amendment due process clause. The Court has long decided the inappropriate material is not protected by the First Amendment, Roth V. United States (1957). When explicit material has true value to society it has been held as free speech, Miller v. California (1973). The Court has considered childShow MoreRelatedReflections on the First Amendment Paper1627 Words   |  7 Pagesaffirmed the Ninth Circuits judgment against the plaintiff’s broader definition of pornography in enacting the Child Pornography Prevention Act of 1996. This broader definition, the court finds it in contravention with the First Amendment. 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