Ashcroft v. The Free Speech Coalition

535 U.S. 234 (2002)

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Nature of the Case

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Facts

The Child Pornography Prevention Act of 1996 made any visual depiction by computer or computer-generated image or picture of a minor engaging in sexually explicit conduct illegal. It bans virtual child pornography. The CPPA retains the Ferber standard and prohibits 'virtual child pornography,' which include computer-generated images, as well as images produced by more traditional means. None of these images involve, let alone harm, any children in the production process. Congress decided the materials threaten children in other, less direct, ways. Pedophiles might use the materials to encourage children to participate in sexual activity. Free Speech Coalition and others (P) challenged the statute. Ps allege that the 'appears to be' and 'conveys the impression' provisions are overbroad and vague, chilling them from producing works protected by the First Amendment. The District Court disagreed and granted the D summary judgment, but the Ninth Circuit reversed. It held the CPPA invalid on its face, finding it to be substantially overbroad because it bans materials that are neither obscene nor produced by the exploitation of real children. The court reasoned that the Government could not prohibit speech because of its tendency to persuade viewers to commit illegal acts. The Supreme Court granted certiorari.