Supreme Court Coverage - Read News Reports About ACLJ's Reaction to High Court Upholding Child Porn Law

On May 19, 2008, the Supreme Court of the United States upheld - by a 7-2 vote - the constitutionality of the Protect Act of 2003 - a measure that gives federal prosecutors tools to punish those who market and pander in child pornography online. 

Writing for the majority, Justice Antonin Scalia concluded that the statute raises no constitutional problems whatever and correctly 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 majority opinion concluded:  Child pornography harms and debases the most defenseless of our citizens.  Both the State and Federal Governments have sought to suppress it for many years, only to find it proliferating through the new medium of the Internet.  This Court held unconstitutional Congress's previous attempt to meet this new threat, and Congress responded with a carefully crafted attempt to eliminate the First Amendment problems we identified.  As far as the provision at issue in this case is concerned, that effort was successful.

The American Center for Law and Justice supported the federal government's position urging the high court to uphold the child porn law.  The ACLJ filed an amicus brief in the case representing 18 members of Congress - including five who co-sponsored the Protect Act of 2003.

Below is some of the news coverage of this decision that includes reaction and comment by the ACLJ.

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Associated Press - Court Upholds Part of Child Pornography Law

USA Today - High Court Upholds Child Porn Penalties

NPR - All Things Considered - High Court Upholds Broad Child Porn Law

Baptist Press - Supreme Court Approves Law Curbing Child Pornography

All Headline News (AHN) - Supreme Court Upholds Anti-Child Porn Law