Child Pornography Prevention Act Overview
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Questions and Answers

What act does the term 'What act' refer to?

  • Children's Online Privacy Protection Act
  • Child Pornography Prevention Act of 1996 (correct)
  • Preventing Sexual Exploitation Act
  • Child Welfare Act
  • What does the Child Pornography Prevention Act of 1996 prohibit?

    It prohibits any visual depiction that appears to be of a minor engaging in sexually explicit conduct.

    What did the Free Speech Coalition do?

    They filed suit alleging that certain provisions are overbroad and vague.

    What was the court of appeals decision regarding the district court?

    <p>The court of appeals overruled the district court's decision.</p> Signup and view all the answers

    What is the issue at hand in Ashcroft v. Free Speech Coalition?

    <p>Whether the Child Pornography Prevention Act of 1996 abridges freedom of speech.</p> Signup and view all the answers

    What was the Supreme Court's decision on the case?

    <p>The Court held that the two prohibitions are overbroad and unconstitutional.</p> Signup and view all the answers

    What findings did the Court conclude regarding the CPPA?

    <p>The CPPA is inconsistent with Miller and prohibits speech that records no crime.</p> Signup and view all the answers

    Study Notes

    Child Pornography Prevention Act

    • Enacted in 1996 to curb child pornography.
    • Prohibits visual depictions of minors engaging in sexually explicit conduct, including all forms of images and computer-generated content.
    • The Free Speech Coalition challenged the CPPA in court.
    • Claimed that terms "appears to be" and "conveys the impression" create vague and overly broad restrictions on protected speech under the First Amendment.

    Court Proceedings

    • The Court of Appeals overturned the initial district court ruling.
    • Central issue: Does the CPPA violate free speech rights by prohibiting speech that is not obscene or child pornography?

    Supreme Court Ruling

    • Supreme Court deemed the CPPA's restrictions as overbroad and unconstitutional.
    • Found that the CPPA does not meet the criteria set in prior rulings, specifically Miller v. California and New York v. Ferber.

    Key Findings

    • The CPPA fails to link its prohibitions to community standards of obscenity as outlined in Miller.
    • The Court held that the CPPA outlaws speech that results in no crime and harms no victims, which contradicts the intent of the law.

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    Description

    This quiz evaluates key aspects of the Child Pornography Prevention Act (CPPA) enacted in 1996. It covers legal challenges, court proceedings, and the Supreme Court's ruling regarding its constitutionality. Test your understanding of the implications on free speech rights and legal definitions within this important law.

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