Student Well-Being

Supreme Court Strikes Down 1996 Ban on Computer-Created Child Pornography

By Mark Walsh — April 24, 2002 1 min read
  • Save to favorites
  • Print

The U.S. Supreme Court last week struck down key provisions of a federal law that criminalized “virtual” child pornography, which includes computer-generated images of children, rather than actual children, engaged in sex.

The court said the Child Pornography Prevention Act of 1996 violated the First Amendment’s guarantee of free speech because no children are harmed in the production of the images defined by the act. And the court majority said the act too broadly covers speech with serious literary, artistic, political, or scientific value.

“The statute proscribes the visual depiction of an idea—that of teenagers engaging in sexual activity—that is a fact of modern society and has been a theme in art and literature throughout the ages,” Justice Anthony M. Kennedy wrote in the majority opinion in Ashcroft v. Free Speech Coalition (Case No. 00-795).

The law was challenged by a trade group of the adult-video industry, which disavows child pornography but worried that its films might violate the law. Mainstream Hollywood filmmakers were also concerned that the law might cover depictions of teenagers in sexual situations, even if the actors were young adults.

Justice Kennedy cited such films as “American Beauty,” “Traffic,” and a 1996 version of “Romeo and Juliet” that “explore themes within the wide sweep of the statute’s prohibitions.”

He rejected arguments from the Bush administration that the law should be upheld because pedophiles may use virtual child porn to seduce children, and that it would be harder to prosecute producers of real child pornography without the law.

Mixed Vote

Justice Kennedy’s opinion was joined by Justices John Paul Stevens, David H. Souter, Ruth Bader Ginsberg, and Stephen G. Breyer. Justice Clarence Thomas voted for the same outcome in the case but did not sign Justice Kennedy’s opinion.

Justice Sandra Day O’Connor agreed that the government could not ban pornography involving “youthful adults,” making it a 7-2 ruling on that aspect of the case. But she joined with Chief Justice William H. Rehnquist and Justice Antonin Scalia in voting to uphold the provision prohibiting computer-generated images, making that issue a 6-3 ruling.

Chief Justice Rehnquist said the law could be upheld by construing it to ban only visual depictions of “actual sexual activity,” not suggestions of sex, such as scenes of actors “squirming under a blanket.”

Related Tags:

A version of this article appeared in the April 24, 2002 edition of Education Week as Supreme Court Strikes Down 1996 Ban on Computer-Created Child Pornography

Events

This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
Mathematics Webinar
Engaging Every Learner: Strategies to Boost Math Motivation
Math Motivation Boost! Research & real tips to engage learners.
Content provided by Prodigy Education
This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
Student Well-Being Webinar
The Ripple Effect: Mental Health & Student Outcomes
Learn how student mental health impacts outcomes—and how to use that data to support your school’s IEP funding strategy.
Content provided by Huddle Up
Artificial Intelligence K-12 Essentials Forum How AI Use Is Expanding in K-12 Schools
Join this free virtual event to explore how AI technology is—and is not—improving K-12 teaching and learning.

EdWeek Top School Jobs

Teacher Jobs
Search over ten thousand teaching jobs nationwide — elementary, middle, high school and more.
View Jobs
Principal Jobs
Find hundreds of jobs for principals, assistant principals, and other school leadership roles.
View Jobs
Administrator Jobs
Over a thousand district-level jobs: superintendents, directors, more.
View Jobs
Support Staff Jobs
Search thousands of jobs, from paraprofessionals to counselors and more.
View Jobs

Read Next

Student Well-Being Netflix's 'Adolescence' Sparks Debate Over Sex Education in Schools
Sex education, generally ill-equipped to handle subject matter to which teens are exposed, is getting further squeezed.
6 min read
052025 abstinence sex education computer access 476732252
iStock/Getty
Student Well-Being What Schools Can Do About Climate Change Right Now
A new report details how schools can adapt for climate change in both small and big ways.
7 min read
Ceiba Phillips, an 11-year-old Eaton Fire evacuee, visits his school gutted by the fire in Altadena, Calif., Saturday, Feb. 8, 2025.
Ceiba Phillips, an 11-year-old Eaton Fire evacuee, visits his school gutted by the fire in Altadena, Calif., Saturday, Feb. 8, 2025. A new report from EdTrust outlines how schools can adapt for climate change, from incorporating the concept into the curriculum, tending to students' climate anxiety, and making climate-resilient facility upgrades.
Jae C. Hong/AP
Student Well-Being Netflix’s ‘Adolescence’ Sounds an Alarm on Troubled Teens. What Can Teachers Do?
The popular Netflix series "Adolescence" raises questions about what schools can do for troubled teens.
6 min read
Illustration of a depressive boy that is sitting and thinking on a window at night (dark blue background)
iStock/Getty
Student Well-Being 4 Ways Schools Can Ease Student Anxiety During Trump's Immigration Crackdown
Changes in the federal immigration enforcement landscape can cause increased anxiety among all students
4 min read
Illustration of a large hand holding an umbrella over a person of color who is sitting with her head in her hands.
iStock/Getty