In a 6-3 decision [PDF] today (Ashcroft v. Free Speech Coalition), the Supreme Court struck down sections 2256(8)(B) and 2256(8)(D) of the 1996 Child Pornography Prevention Act (CPPA). These sections primarily deal with the creation and distribution of “virtual child pornography.”
The Court’s reasoning in striking down these sections is that the CPPA is overly broad and vague because of the use of the words “appears to be” and “conveys the impression” and thereby violates the First Amendment. The court also states that the government failed to provide sufficient evidence to show a connection between computer-generated child pornography and the exploitation of actual children.
News Coverage
‘Virtual’ child porn law struck down (MSNBC)
'Virtual' Child Porn Act Ruled Unconstitutional (Slashdot)
Supreme Court strikes down ban on 'virtual child porn' (CNN)
Supreme Court Rejects Child-Porn Law (FoxNews)
High Court Strikes Down Child Pornography Law (Yahoo!)
Supreme Court Strikes Down Ban on Virtual Child Pornography (NYTimes)