Cardozo Journal of Equal Rights & Social Justice
Abstract
The note examines the Supreme Court's decision in Ashcroft v. Free Speech Coalition, which struck down portions of the Child Pornography Prevention Act (CPPA) as unconstitutional under the First Amendment. The Court ruled that the CPPA's ban on virtual child pornography was overbroad, as it prohibited lawful speech that could have artistic, literary, or scientific value. The decision highlights the tension between protecting children from exploitation and safeguarding free speech, ultimately emphasizing the importance of allowing narratives that confront and address difficult issues like child sexual abuse.
Disciplines
Communications Law | Constitutional Law | Criminal Law | Criminal Procedure | First Amendment | Law | Law and Gender
Recommended Citation
Emily D. Goldberg,
How the Overturn of the Child Pornography Prevention Act Under Ashcroft v. Free Speech Coalition Contributes to the Protection of Children,
10
Cardozo J. Equal Rts. & Soc. Just.
175
(2003).
Available at:
https://larc.cardozo.yu.edu/cardozoersj/vol10/iss1/7
Included in
Communications Law Commons, Constitutional Law Commons, Criminal Law Commons, Criminal Procedure Commons, First Amendment Commons, Law and Gender Commons