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Child Pornography Ruling

Jun 26, 2008

Last month the U.S. Supreme Court upheld a 2003 law that makes it a crime to offer or solicit sexually explicit images of children. The ruling is the latest attempt to curb child pornography on the Internet.

Congress enacted the law to deal with the challenges prosecutors face when trying to prove that material that looks like child pornography was produced using real children. The Court ruled that people offering child pornography can be convicted either for believing that the material contains real children, or for trying to convince a would-be recipient that the material contains real children.

Justices David Souter and Ruth Bader Ginsburg dissented, arguing that possession of pornographic images that do not depict real children is constitutionally protected, and that offering them should not be a crime.

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