{
  "id": "RL31744",
  "type": "CRS Report",
  "typeId": "REPORTS",
  "number": "RL31744",
  "active": false,
  "source": "EveryCRSReport.com, University of North Texas Libraries Government Documents Department",
  "versions": [
    {
      "source": "EveryCRSReport.com",
      "id": 101516,
      "date": "2003-03-31",
      "retrieved": "2016-04-08T14:49:18.031544",
      "title": "Child Pornography Produced Without an Actual Child: Constitutionality of 108th Congress Legislation",
      "summary": "In  Ashcroft v. Free Speech Coalition , the Supreme Court declared unconstitutional\nthe Child\nPornography Prevention Act of 1996 (CPPA),  P.L. 104-208 , to the extent that it prohibited material\nthat was produced without the use of an actual child. The only possible means that the Court\nexplicitly left open for Congress to try to restrict such material was to ban it, but allow an affirmative\ndefense that the material was produced without using actual children. Even this approach the Court\ndid not say would be constitutional, but merely found no need to decide whether it would be.\n  This approach would shift the burden of proof to the defendant on the question of whether\nactual children were used in producing the material. If the defendant could not meet the burden of\nproof, then he could be punished for child pornography that might or might not have been produced\nwith an actual minor. The Court, however, said that \"[t]he Government may not suppress lawful\nspeech as a means to suppress unlawful speech.\" This suggests that an affirmative defense would\nbe unconstitutional if it were not effectively available to all classes of defendant. It might not\neffectively be available, however, to individuals charged with mere possession of child pornography,\nor to producers of pornography that pre-dated the CPPA, as these defendants might have \"no way\nof establishing the identity, or even the existence, of the actors.\"\n  This report analyzes the First Amendment issues raised by  S. 151 , 108th Congress,\nin the versions passed by the Senate and the House. The Senate passed the version reported by the\nSenate Committee on the Judiciary ( S.Rept. 108-2 ). The House version began as  H.R. 1161 , which, except for its section 10, was adopted as an amendment (Title V) to  H.R. 1104 , which the House passed as  S. 151 , the Child Abduction Prevention Act.",
      "type": "CRS Report",
      "typeId": "REPORTS",
      "active": false,
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          "url": "http://www.crs.gov/Reports/pdf/RL31744",
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          "images": null
        }
      ],
      "topics": []
    },
    {
      "source": "University of North Texas Libraries Government Documents Department",
      "sourceLink": "https://digital.library.unt.edu/ark:/67531/metacrs3901/",
      "id": "RL31744 2003-02-25",
      "date": "2003-02-25",
      "retrieved": "2005-06-10T21:37:38",
      "title": "Child Pornography Produced Without an Actual Child: Constitutionality of 108th Congress Legislation",
      "summary": "This report analyzes S. 151, 108th Congress, as reported by the Senate Committee on the Judiciary (S.Rept. 108-2) and passed by the Senate, and considers whether it would violate freedom of speech.",
      "type": "CRS Report",
      "typeId": "REPORT",
      "active": false,
      "formats": [
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          "format": "PDF",
          "filename": "files/20030225_RL31744_638de2959764480bf79b39bebd44f9dd20608d2e.pdf"
        },
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          "format": "HTML",
          "filename": "files/20030225_RL31744_638de2959764480bf79b39bebd44f9dd20608d2e.html"
        }
      ],
      "topics": [
        {
          "source": "LIV",
          "id": "Children",
          "name": "Children"
        },
        {
          "source": "LIV",
          "id": "Supreme Court decisions",
          "name": "Supreme Court decisions"
        },
        {
          "source": "LIV",
          "id": "Child pornography - Law and legislation - U.S.",
          "name": "Child pornography - Law and legislation - U.S."
        },
        {
          "source": "LIV",
          "id": "Law",
          "name": "Law"
        },
        {
          "source": "LIV",
          "id": "Criminal justice",
          "name": "Criminal justice"
        }
      ]
    }
  ],
  "topics": [
    "Constitutional Questions"
  ]
}