2003Nova Science Publishers eBooksRequires access

Governmental principles and statutes on child pornography

Walker T. Holliday

Open publisher page 0 citations

Abstract

The First Amendment provides that 'Congress shall make no law...Bridging the freedom of speech, or of the press...'. The First Amendment applies, with two exceptions, to pornography and indecency, with those terms being used to refer to any words or pictures of a sexual nature. The two exceptions are obscenity and child pornography; because these are not protected by the First Amendment, they may be, and have been, made illegal. Child pornography is material that visually depicts sexual conduct by children, and is unprotected by the First Amendment even when it is not legally obscene. Federal statutes, in addition to making it a crime to transport or receive child pornography in interstate or foreign commerce, prohibit, among other things, the use of a minor in producing pornography, and provide for criminal and civil forfeiture of real and personal property used in making child pornography, and of the profits of child pornography. In addition, child pornography crimes are included among the predicate offences that may give rise to a violation of the Federal Racketeer Influenced and Corrupt Organisations Act. This book explains the laws that are currently implemented in the fight against child pornography. Also, the book goes on to discuss the various issues and problems associated with child pornography and how the American government has reacted to them.

About this research paper

What this paper is about

The First Amendment provides that 'Congress shall make no law...Bridging the freedom of speech, or of the press...'. The First Amendment applies, with two exceptions, to pornography and indecency, with those terms being used to refer to any words or pictures of a sexual nature. The two exceptions are obscenity and child pornography; because these are not protected by the First Amendment, they may be, and have been, made illegal. Child pornography is material that visually depicts sexual conduct by children, and is unprotected by the First Amendment even when it is not legally obscene. Federal statutes, in addition to making it a crime to transport or receive child pornography in interstate or foreign commerce, prohibit, among other things, the use of a minor in producing pornography, and provide for criminal and civil forfeiture of real and personal property used in making child pornography, and of the profits of child pornography. In addition, child pornography crimes are included among the predicate offences that may give rise to a violation of the Federal Racketeer Influenced and Corrupt Organisations Act. This book explains the laws that are currently implemented in the fight against child pornography. Also, the book goes on to discuss the various issues and problems associated with child pornography and how the American government has reacted to them.

Why it matters

A significance statement is not available in the OpenAlex record.

Key contribution

A contribution statement is not available in the OpenAlex record.

Method / approach

Method details are not available in the OpenAlex metadata.

Main findings

Findings are not separately available in the OpenAlex metadata.

Limitations

Limitations are not available in the OpenAlex metadata.

Applications

Application details are not available in the OpenAlex metadata.

Available abstract

The First Amendment provides that 'Congress shall make no law...Bridging the freedom of speech, or of the press...'. The First Amendment applies, with two exceptions, to pornography and indecency, with those terms being used to refer to any words or pictures of a sexual nature. The two exceptions are obscenity and child pornography; because these are not protected by the First Amendment, they may be, and have been, made illegal. Child pornography is material that visually depicts sexual conduct by children, and is unprotected by the First Amendment even when it is not legally obscene. Federal statutes, in addition to making it a crime to transport or receive child pornography in interstate or foreign commerce, prohibit, among other things, the use of a minor in producing pornography, and provide for criminal and civil forfeiture of real and personal property used in making child pornography, and of the profits of child pornography. In addition, child pornography crimes are included among the predicate offences that may give rise to a violation of the Federal Racketeer Influenced and Corrupt Organisations Act. This book explains the laws that are currently implemented in the fight against child pornography. Also, the book goes on to discuss the various issues and problems associated with child pornography and how the American government has reacted to them.

Key concepts: Child pornography, Pornography, Statute, Law, Political science, Censorship, Government (linguistics), Criminal law

Related papers

Back to paper searchBrowse research topicsOriginal source
Governmental principles and statutes on child pornography — Research Paper | ScholarLens