Stopping Child Pornography: Protecting Our Children and the Constitution : Hearing Before the Committee on the Judiciary, United States Senate, One Hundred Seventh Congress, Second Session, October 2, 2002

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U.S. Government Printing Office, 2003 - 156 strani
 

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Stran 112 - These include the lewd and obscene, the profane, the libelous, and the insulting or 'fighting' words- those which by their very utterance inflict injury or tend to incite an immediate breach of the peace. It has been well observed that such utterances are no essential part of any exposition of ideas, and are of such slight social value as a step to truth that any benefit that may be derived from them is clearly outweighed by the social interest in order and morality.
Stran 40 - Even so, they are not of the very essence of a scheme of ordered liberty. To abolish them is not to violate a "principle of justice so rooted in the traditions and conscience of our people as to be ranked as fundamental.
Stran 38 - In all kinds of litigation it is plain that where the burden of proof lies may be decisive of the outcome. . . . There is always in litigation a margin of error, representing error in factfinding, which both parties must take into account. Where one party has at stake an interest of transcending value — as a criminal defendant his liberty — this margin of error is reduced as to him by the process of placing on the other party the burden of producing a sufficiency of proof in the first instance,...
Stran 112 - There are certain well-defined and narrowly limited classes of speech, the prevention and punishment of which have never been thought to raise any Constitutional problem. These include the lewd and obscene, the profane, the libelous, and the insulting or 'fighting' words — those which by their very utterance inflict injury or tend to incite an immediate breach of the peace.
Stran 86 - ... advertised, promoted, presented, described, or distributed in such a manner that conveys the impression that the material is or contains a visual depiction of a minor engaging in sexually explicit conduct.
Stran 98 - Stanley has firmly established the right to possess obscene material in the privacy of the home and that this creates a correlative right to receive it, transport it, or distribute it.
Stran 112 - We consider it unlikely that visual depictions of children performing sexual acts or lewdly exhibiting their genitals would often constitute an important and necessary part of a literary performance or scientific or educational work.
Stran 49 - NCMEC is a not-for-profit corporation, mandated by Congress and working in partnership with the US Department of Justice as the national resource center and clearinghouse on missing and exploited children. NCMEC is a true public-private partnership, funded in part by Congress and in part by the private sector.
Stran 49 - NCMEC works in partnership with the US Department of Justice as the official national resource center and clearinghouse on the issue of missing and exploited children. NCMEC is a true public-private partnership, funded in part by Congress and in part by the private sector.
Stran 51 - NCMEC is receiving hundreds of reports and tips regarding child pornography from across America and around the world each week, and it is pursuing those leads aggressively with the appropriate law enforcement agencies. Between March 1998 and April 2002, NCMEC received 93 child sex tourism leads, 789 child prostitution leads, and 2,358 non-family child sexual molestation leads. We are proud of the progress. Following the Supreme Court's 1982 Ferber v. New York decision holding that child pornography...

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