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Friday, November 20, 2009
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In The Courts
  U.S. v. Williams (2007)
 

By a vote of 7-2, the Supreme Court upheld the constitutionality of the PROTECT Act of 2003 - federal legislation that provides prosecutors with another tool to combat the pandering or promotion of child pornography.  On May 19, 2008, in the case of United States v. Williams (06-694), Justice Antonin Scalia wrote that the statute “raises no constitutional problems whatever” and rejected arguments that the PROTECT Act violates the First Amendment.   Justice Scalia wrote:  “In sum, we hold that offers to provide or requests to obtain child pornography are categorically excluded from the First Amendment.”  The high court decision overturns a decision by the U.S. Court of Appeals for the Eleventh Circuit, which declared a provision of the Act unconstitutional.  ACLJ Chief Counsel Jay Sekulow called the Supreme Court decision "a very sound and reasoned decision that is long overdue."  The ACLJ filed a friend-of-the-court brief with the Supreme Court representing itself and 18 members of Congress - including several co-sponsors of the Act.  The ACLJ amicus brief supported the government's position and urged the high court to uphold the constitutionality of the measure.


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