ACLJ & Members of Congress Urge Supreme Court to Uphold Constitutionality of Child Pornography Law

(Washington, DC) The American Center for Law and Justice (ACLJ), on behalf of 18 members of Congress, said today the Supreme Court has an important opportunity to combat child pornography by upholding the 2003 Protect Act.  The Supreme Court heard oral arguments today in the case of United States v. Williams (No. 06-694).

This is a critical opportunity for the Supreme Court to step up and protect our children by acknowledging that Congress acted constitutionally in enacting the Protect Act, said Jay Sekulow, Chief Counsel of the ACLJ, which represents members of Congress in the case.  Were hopeful that the high court will reach the conclusion that Congress acted appropriately in creating this important tool in the battle against child pornography.  The Protect Act does not violate the First Amendment but does provide a measured and constitutional response to an ever-growing problem.

In 2006, a federal appeals court declared the Protect Act 2003 unconstitutional concluding that the provision that makes it a crime to send computer messages offering child porn even when no porn exists went too far and violated the First Amendment. 

The ACLJ amicus brief supports the federal governments assertion that the provision is necessary in the ongoing battle to stop trafficking in child porn.

The ACLJ contends that Congress acted properly when it included in the Protect Act the provision prohibiting the pandering of child pornography.  The pandering provision prohibits offers to provide, or solicitations to receive material that purports to be illegal child pornography.

The brief also highlights the fact that the pandering provision bars offers to buy, sell, trade, or sample child pornography, all of which help drive the market for child porn.  The brief contends that even ads offering sexually explicit pictures for free are intended to draw pedophiles in, much like free food samples draw customers into restaurants, or more aptly, free cigarettes entice teenagers to smoke.  The child pornography business is an addiction-driven business that is perpetuated by ensnaring the vulnerable with cost-free introductions.

The ACLJ represents itself and 18 members of Congress:  Senator Tom Coburn and Representatives J. Gresham Barrett, Marsha Blackburn, Tom Cole, John Culberson, John Doolittle, Tom Feeney, Luis G. Fortuno, Trent Franks, Virgil H. Goode, Bob Inglis, Sam Johnson, Steve King, Joseph R. Pitts, Lamar Smith, Timothy Walberg, Dave Weldon, and Lynn A. Westmoreland.

You can read the ACLJ brief here.

The Supreme Court will issue its decision in the case sometime before the end of the term next summer.  You can read the transcript to the oral arguments here.
 
Led by Chief Counsel Jay Sekulow, the American Center for Law and Justice specializes in constitutional law and is based in Washington, D.C.