{
  "id": "RS21468",
  "type": "CRS Report",
  "typeId": "REPORTS",
  "number": "RS21468",
  "active": false,
  "source": "EveryCRSReport.com",
  "versions": [
    {
      "source": "EveryCRSReport.com",
      "id": 103220,
      "date": "2003-03-31",
      "retrieved": "2016-04-08T14:49:12.423544",
      "title": "Child Pornography: Side-by-Side Comparison of the Senate-passed and House-passed Versions of S. 151, 108th Congress",
      "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 the substantive provisions of these bills.  (4) \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 additional information, see  CRS Report 95-406 ,\n Child Pornography: Constitutional Principles and\nFederal Statutes ;  CRS Report RL31744 ,  Child Pornography Produced Without an\nActual Child:\nConstitutionality of 108th Congress Legislation ; and  CRS Report RS21463 ,  Child\nPornography: Comparison\nof Selected Provisions of the Senate-passed and House-passed Versions of S.  151, 108th\nCongress,\nwith Brief Comments on their Constitutionality .",
      "type": "CRS Report",
      "typeId": "REPORTS",
      "active": false,
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      "topics": []
    }
  ],
  "topics": [
    "Constitutional Questions"
  ]
}