Computer-Generated Child Pornography Images still Represent a Gap in the U.S. Law

Computer-Generated Child Pornography Images still Represent a Gap in the U.S. Law
On August 11 and November 22, 2006, U.S. District Judge Nancy Gertner from Massachusetts District Court confirmed a long standing U.S. precedent suggesting that to secure a conviction for child pornography, prosecutors must prove that the images are images of real- not virtual- children. The holding on this Massachusetts case centered on First Amendment rights. The Court on its November decision held that “The Government may not suppress lawful speech as the means to suppress unlawful speech.” Indeed, the Court further said, “The possible harm to society in permitting some unprotected speech to go unpunished is outweighed by the possibility that protected speech of others may be muted.”
http://www.ibls.com/internet_law_news_portal_view.aspx?s=latestnews&id=1653

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