Supreme Court Hears Arguments on Pandering Child Porn

WASHINGTON — The U.S. Supreme Court heard arguments Tuesday regarding whether a child pornography law could be limited so that it would not apply to legitimate creative expression, vivid adolescent imaginations or innocent emails with provocative headings.

A 2003 federal law that sets a five-year mandatory prison term for promoting child porn is being challenged, and opponents have said the law could apply to mainstream movies, including "Traffic" and "Titanic," that depict underage sex.

The 11th U.S. Circuit Court of Appeals struck down the provision, saying it makes a crime out of merely talking about illegal images or possessing innocent materials that someone else might believe is pornography. In the appeals court's view, the law could apply to an email sent by a grandparent and entitled "Good pics of kids in bed," showing grandchildren dressed in pajamas.

In the 2002 Ashcroft vs. Free Speech Coalition decision, the Supreme Court struck down provisions of a 1996 child pornography law because they called into question legitimate educational, scientific or artistic depictions of youthful sex.

Congress responded in 2003 with the PROTECT (Prosecutorial Remedies and Other Tools to End the Exploitation of Children Today) Act, which contains the "pandering child pornography" provision under challenge.

Richard Diaz, the lawyer for Michael Williams, a Florida man convicted under the law, told the court: "It is unconstitutionally vague and overbroad, because on its face it captures protected speech about materials. And it captures protected speech about materials that may not even, in fact, exist."

Williams also was convicted of possession of child pornography. That conviction and the resulting five-year prison term is not being challenged.

"After the victory in Ashcroft vs. Free Speech Coalition, Congress passed a new law that addressed part of what we prevailed in," 1st Amendment attorney Jeffrey Douglas told XBIZ. "They enacted another attempt to criminalize what they characterize as pandering child pornography; that is, offering for sale material which could be interpreted as an offer of sale of child pornography.

"The Supreme Court struck that down, and this was an attempt to evade the court's ruling in the hopes that a different court would come along."

According to Douglas, the definition of "pandering child pornography" could cover constitutionally protected materials.

"The government's argument was, in essence: Trust us, we wouldn't go after someone offering to sell the movie 'Lolita,' we'll only go after bad guys. This is rampant nonsense. As long as you give prosecutors discretion you can be certain that there will be abuse, because there are people out there who don't like mainstream movies. When 'The Exorcist' was released, a prosecutor in Alabama said he was going to prosecute it for violating the state's blasphemy laws — although the blasphemy laws had been repealed generations before.

"When you put your freedom in the good faith of prosecutors, your liberty will be short-lived."

The court's decision will be handed down before the end of the Supreme Court's term next summer.

The case is U.S. vs. Williams, 06-694.

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

Strike 3 Holdings Sues Meta for Pirating Vixen Media Group Content to Train AI

Vixen Media Group owner Strike 3 Holdings filed suit in federal court this week, accusing Facebook parent company Meta of copyright infringement and alleging that Meta has extensively pirated VMG content to train its artificial intelligence models.

Pineapple Support, Streamate to Host 'Navigating Grief and Loss' Support Group

Pineapple Support and Streamate are hosting a free online support group to help performers cope with grief and loss.

Friday is Final AV Compliance Deadline in UK

Friday, July 25 marks U.K. media regulator Ofcom’s deadline for user-to-user services such as tube, cam and fan sites to implement its requisite “highly effective age assurance” measures for preventing minors from viewing adult content.

AEBN Publishes Popular Searches for May, June

AEBN has released the top search terms for the months of May and June from its straight and gay theaters in all 50 states and the District of Columbia.

Two Texas Bills Restricting Sex Toy Sales Fail to Pass

Two bills aimed at restricting sales of sex toys have failed to pass the Texas state legislature during its 2025 session.

NYC Adult Stores Petition for Rehearing in Zoning Law Case

A group of adult businesses on Tuesday petitioned the U.S. Court of Appeals for the 2nd Circuit to rehear a case involving a zoning law that could severely limit adult stores’ operations in New York City.

Ofcom Releases Transparency Reporting Guidelines

Ofcom, the U.K. media regulator, has made public its official guidance detailing how online service providers — including adult sites — will be required to publish annual transparency reports on their efforts to protect children from online harms.

New AV Rules Take Effect for Ireland-Based Sites

Ireland’s Online Safety Code came into force Monday, including a provision requiring adult sites headquartered in Ireland to implement age assurance measures beyond self-declaration.

XBIZ Amsterdam Calls on New Startups for 'Spotlight' Program

XBIZ is pleased to announce that its new “Startup Spotlight” programming will make its European premiere at XBIZ Amsterdam 2025, set to take place Sept. 2-5 at the Jakarta Hotel Amsterdam.

Texas Resumes AV Lawsuit Against Aylo Following SCOTUS Decision

A district court judge in Texas has unfrozen the state’s $1.6 million lawsuit against Aylo for allegedly failing to comply with age verification requirements, Bloomberg Law is reporting.

Show More