The government’s effort to restrict “virtual” child pornography, which only appears to depict minors, was swept aside by the Supreme Court yesterday as a First Amendment violation.
Justice Anthony Kennedy said the 1996 federal law “turns the First Amendment upside down” by outlawing protected speech as a way of banning unprotected child pornography. Kennedy’s strongly worded opinion used broad language that placed some of the material at issue in the same artistic category as Shakespeare’s Romeo and Juliet.
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