Pandering Provision of The Protect Act Found Unconstitutional

ATLANTA — A federal appeals court struck down the pandering provision of the Protect Act, ruling that the provision, which makes it a crime to distribute material purported to contain obscene depictions of minors engaging in sexual activity, was overbroad.

Congress passed the Protect Act in 2003 in an effort to resurrect the Child Porn Protection Act. The CPPA also made pandering child pornography a crime, but cast a wider net. The Protect Act refined the CPPA by criminalizing only the panderer.

The 11th U.S. Circuit Court of Appeals, following the logic in a similar case, Ashcroft vs. Free Speech Coalition, found the pandering provision to be overbroad, ruling it unconstitutional.

The present case, U.S. vs. Williams, centered on the defendant’s 1st Amendment challenge to the law. On those ground, according to Santa Monica criminal defense attorney and FSC Board Chairman Jeffrey Douglas, the court got it exactly right.

“What Congress did was try to criminalize the idea, not the act of child exploitation,” Douglas told XBIZ. “The Supreme Court has ruled that to be unconstitutional because it’s overbroad.”

Douglas pointed out that under the law, for example, a discussion about “Lolita” could be criminal.

“On the one hand, the speaker could be talking about the book by Nabokov; on the other hand, the speech could be in reference to child pornography,” Douglas said. “The problem with the law is that it makes no distinction, and therefore criminalizes protected speech.”

In the case at bar, Michael Williams was convicted under the Protect Act of entering a chatroom where he claimed to be in possession of pictures depicting a toddler that were sexual in nature. When authorities arrested Williams, no pictures of that nature were found. However, Williams was in possession of other child pornography, a crime for which he was convicted.

The court upheld the conviction on the possession charge, while overturning the conviction on the pandering charge. But according to Douglas, the decision made no difference as to Williams’ sentence.

“The [pandering] law is entirely unnecessary,” Douglas said. “Williams was set to serve 60 months in prison and he’ll still serve the same time for possession. The pandering law doesn’t change the outcome of the vast majority of criminal cases where the defendant is accused of possessing child porn.”

Copyright © 2025 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

Janra Names Megan Swartz Chief Operating Officer

Janra has appointed Megan Swartz as its new Chief Operating Officer.

Entrenue Unveils 2026 Calendar Catalog

Entrenue has released its 2026 calendar catalog, titled "Pleasure: Past and Present."

Hankey's Toys Releases 'ThaMaskedBandit' Dildo

Mr. Hankey's Toys has debuted its ThaMaskedBandit dildo.

Williams Trading Releases 2025 'Christmas Giftables' Catalog

Williams Trading Co. has released this year's edition of its "Christmas Giftables" digital catalog.

VVD Debuts 'RiderGo' Sex Machine Attachment

Pleasure brand VVD has introduced the RiderGo attachment for its Rider Desire sex machine.

Williams Trading Now Carrying Our Erotic Journey's 'Flutterplugon' Vibe

Williams Trading Co. is now carrying Our Erotic Journey's Flutterplugon vibrator from its Sublime collection.

SVibe, VanillaCoolDance Partner for 'Snail Curve' Vibrator

SVibe has partnered with VanillaCoolDance illustrator Jessica Stahl for a limited edition of its Snail Curve vibrator.

Orion Debuts 2 New Styles From Cottelli Lingerie

Orion Wholesale has introduced two new styles from its Cottelli Lingerie line.

Magic Silk Expands 'Exposed' Line With 'Pink Kink' Collection

Magic Silk has expanded its Exposed line of lingerie with the Pink Kink collection.

Le Wand Unveils New 'Mini Micro Wand' Massager

Le Wand has debuted the Mini Micro Wand massager.

Show More