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Supreme Court Upholds Pandering Law

Posted on: Monday, 19 May 2008, 15:00 CDT

The U.S. Supreme Court Monday ruled a law aimed at preventing child pornography is constitutional.

It may be difficult in some cases to determine whether the requirements have been met, but courts and juries every day pass upon the reasonable import of a defendant's statements and upon 'knowledge, belief and intent, the court said in its 7-2 decision written by Justice Antonin Scalia.

Michael Williams initially pleaded guilty to pandering and possession of child pornography charges but reserved the right of appeal and an appellate court overturned the conviction, saying the statute was too broad.

In overturning the appellate decision, the high court noted indecent material has never had First Amendment protection. The court did, however, strike down the part of the statute that attempts to criminalize annoying or indecent conduct as too subjective.

Williams had posted a message in a chat room reading: Dad of toddler has 'good' pics of her and me for swap of your toddler pics, or live cam. He later posted seven pictures of children between 5 and 15 displaying their genitals or engaging in sexual conduct.

Child pornography harms and debases the most defenseless of our citizens &133;, Scalia wrote. This court held unconstitutional Congress' 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.

(United States vs. Williams No. 06-694)

Source: United Press International

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