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- Newsgroups: alt.comp.acad-freedom.talk
- Path: sparky!uunet!usc!zaphod.mps.ohio-state.edu!uwm.edu!ux1.cso.uiuc.edu!cs.uiuc.edu!kadie
- From: kadie@cs.uiuc.edu (Carl M. Kadie)
- Subject: [alt.censorship, et al.] Appeals court declares child pornography law unconstitutional
- Message-ID: <BzFn54.17B@cs.uiuc.edu>
- Followup-To: alt.comp.acad-freedom.talk,alt.censorship,news.admin.policy,comp.org.eff.talk
- Organization: University of Illinois, Dept. of Comp. Sci., Urbana, IL
- Date: Fri, 18 Dec 1992 02:05:28 GMT
- Lines: 32
-
- [A repost - Carl]
-
- Newsgroups: alt.censorship,news.admin.policy,comp.org.eff.talk
- From: nagle@netcom.com (John Nagle)
- Subject: Appeals court declares child pornography law unconstitutional
- Message-ID: <1992Dec17.232618.19727@netcom.com>
- Date: Thu, 17 Dec 1992 23:26:18 GMT
-
- The Ninth U.S. Circuit Court of Appeals ruled, in US vs X-Citement
- Video Inc., (CA No. 89-50556), that the sections of the Protection of
- Children Against Sexual Exploitation Act of 1977 that deal with
- distribution, transportation, and receipt of sexually explicit
- materials are invalid on First Amendment grounds. The court let stand the
- prohibition on the production of child pornography.
-
- This ruling needs to be looked at more closely, but it may help to
- remove sysop worries about someone posting such material on their system
- without their knowledge, or about network nodes being liable for
- material passing through them. This is a step forward, because it was
- one of the very few real legal risks a US sysop had to face, and now
- it appears to be dead. Do the lawyers out there agree with this analysis?
-
- Producing child pornography remains illegal, which is reasonable.
-
- John Nagle
-
-
- Source: Wall Street Journal, 17DEC92, p. B10 (Western edition)
-
- --
- Carl Kadie -- I do not represent any organization; this is just me.
- = kadie@cs.uiuc.edu =
-