Governmental Principles and Statutes on Child Pornography

Sprednja platnica
Walker T. Holliday
Nova Publishers, 2003 - 152 strani
The First Amendment provides that 'Congress shall make no law... Bridging the freedom of speech, or of the press...'. The First Amendment applies, with two exceptions, to pornography and indecency, with those terms being used to refer to any words or pictures of a sexual nature. The two exceptions are obscenity and child pornography; because these are not protected by the First Amendment, they may be, and have been, made illegal. 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 offences that may give rise to a violation of the Federal Racketeer Influenced and Corrupt Organisations Act. This book explains the laws that are currently implemented in the fight against child pornography. Also, the book goes on to discuss the various issues and problems associated with child pornography and how the American government has reacted to them.
 

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Vsebina

CHILD PORNOGRAPHY CONSTITUTIONAL PRINCIPLES AND FEDERAL STATUTES
1
COMBATING CHILD PORNOGRAPHY FEDERAL AGENCIES COORDINATE LAW ENFORCEMENT EFFORTS BUT AN OPPORTUNITY EXIS...
29
REVIEW OF CHILD PORNOGRAPHY AND OBSCENITY CRIMES
59
FILESHARING PROGRAMS CHILD PORNOGRAPHY IS READILY ACCESSIBLE OVER PEERTOPEER NETWORKS
79
CHILD PORNOGRAPHY PRODUCED WITHOUT AN ACTUAL CHILD CONSTITUTIONALITY OF CONGRESS LEGISLATION
99
INTERNET CHILD PORNOGRAPHY
119
CHILD PORNOGRAPHY ON THE INTERNET AND THE SEXUAL EXPLOITATION OF CHILDREN
129
OBSCENITY CHILD PORNOGRAPHY AND INDECENCY RECENT DEVELOPMENTS AND PENDING ISSUES
141
INDEX
149
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Stran 3 - ... taken as a whole, do not have serious literary, artistic, political, or scientific value. The basic guidelines for the trier of fact must be: (a) whether "the average person, applying contemporary community standards" would find that the work, taken as a whole, appeals to the prurient interest, Kois v.
Stran 3 - If the First Amendment means anything, it means that a State has no business telling a man, sitting alone in his own house, what books he may read or what films he may watch.
Stran 9 - ... clear, and that purpose is within the power. Congress could have passed a law to re-impose this tax retrospectively, to revive the sections under consideration if they had expired, to re-enact the law by a simple reference to the sections. Has it done anything more? Has it intended to do anything more? Are we captiously to construe the use of the word

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