{
  "id": "RS21463",
  "type": "CRS Report",
  "typeId": "REPORTS",
  "number": "RS21463",
  "active": false,
  "source": "EveryCRSReport.com",
  "versions": [
    {
      "source": "EveryCRSReport.com",
      "id": 102147,
      "date": "2003-03-31",
      "retrieved": "2016-04-08T14:49:04.814544",
      "title": "Child Pornography: Comparison of Selected Provisions of the Senate-passed and House-passed Versions of S. 151, 108th Congress, with Brief Comments on their Constitutionality",
      "summary": "In  Ashcroft v. Free Speech Coalition , the Supreme Court declared unconstitutional\nthe federal child\npornography statute to the extent that it prohibited material that was produced without the use of an\nactual child.  (1)  The case held, in other words, that pornography produced\nwithout the use of a minor,\nwhether drawn or painted, computer-generated, or produced only with adult actors, is protected by\nthe First Amendment, even if it appears to portray a minor, unless it is obscene. \n(2)  In response to this\ndecision, the Senate and House passed differing versions of  S. 151 , 108th Congress.  (3)  \nThis report compares selected provisions of these bills and comments briefly on their\nconstitutionality.  (4) \n  \n     1.  \u00a0535 U.S.  234 (2002).\n  2.  \u00a0\"Obscenity,\" which is not protected by the First Amendment,\nis defined by the Supreme Court as material\nthat appeals to the prurient interest, is patently offensive, and lacks serious literary, artistic, political,\nor\nscientific value. Miller v. California, 413 U.S.  15, 24 (1973). Pornography that uses an actual child\nis not\nprotected by the First Amendment, even if it meets none of the three criteria for obscenity. \n  3.  \u00a0The House-passed bill began as  H.R. 1161  and was\nadopted (except for section 10) as an\namendment (Title V) to  H.R. 1104 , which the House passed as  S. 151 .\n  4.  \u00a0For comparison of additional provisions, see  CRS Report RS21468 ,  Child Pornography: Side-by-Side\nComparison of the Senate-passed and House-passed Versions of S.  151 , 108th\nCongress . For additional information on the bills' constitutionality, see  CRS Report RL31744 ,\n Child\nPornography Produced Without an Actual Child: Constitutionality of 108th Congress\nLegislation.  For\nadditional information on child pornography law, see  CRS Report 95-406 ,  Child Pornography:\nConstitutional Principles and Federal Statutes .",
      "type": "CRS Report",
      "typeId": "REPORTS",
      "active": false,
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      "topics": []
    }
  ],
  "topics": [
    "Constitutional Questions"
  ]
}