Child Pornography:Constitutional Principles and Federal Statutes (Congressional Research Service)

Child Pornography:Constitutional Principles and Federal Statutes

Congressional Research Service

.....The First Amendment provides: “Congress shallmake no law . . . abridging the
freedom of speech, or of the press.” Although the First Amendment, in general,
protects pornography, the Supreme Court has held that it does not protect two types
of pornography: obscenity and child pornography. Consequently, the government
may, and has, banned them.
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 offenses that may give rise to a violation of the Federal Racketeer
Influenced and Corrupt Organizations Act.............and more


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