NCJ Number
167912
Journal
Law and Psychology Review Volume: 20 Dated: (Spring 1996) Pages: 179-195
Date Published
1996
Length
17 pages
Annotation
Pornography on the Internet is discussed with respect to the First Amendment issues involved in its regulation and possible ways to regulate it while addressing these issues.
Abstract
The rapid assimilation of the Internet into society has provoked confrontations with the First Amendment, especially in cases involving child pornography. Clearly, criminal conduct should not lose its criminal status when uploaded to the Internet, while conduct that is not criminal should not gain criminal status just because it is uploaded to the Internet. Therefore, regulation designed to protect children should not deprive adults of their First Amendment Rights. Thus, the Communication Decency Act is too broad and should fail to withstand constitutional challenge. Children can be protected simply by implementing blocking software. In contrast, the Communication Decency Act criminalizes constitutionally protected speech, reduces the adult population to expressions fit only for children, and will stifle the development of new technology. Cyberporn can be regulated without violating the First Amendment; these regulations must use the least restrictive method and balance the protection of children with the rights given by the First Amendment. Footnotes