ACLU Seeks to Defend Virtual Child Porn

WASHINGTON, D.C. — The American Civil Liberties Union has come under attack for seeking First Amendment protection for virtual child porn, in which actors or characters appearing to be underage are exhibited in a sexual manner.

Citing 2002’s Ashcroft vs. Free Speech Coalition, in which, among other things, the Supreme Court ruled that creating virtual child porn was protected under the First Amendment, the ACLU is protesting a bill being shepherded through Congress by Senator Orrin Hatch and Congressman F. James Sensebrenner that would create mandatory sentencing for people who distribute such material.

The ACLU often has irritated liberal adherents by siding with organizations such as the National Man Boy Love Association and the Ku Klux Klan when those groups have sued to assemble or to publish their views.

ACLU lawyers filed an amicus brief in the 1982 Supreme Court child pornography case, New York v. Ferber. The case sought to legalize the sale and distribution — but not the production — of child pornography. The Court unanimously decided that child pornography was not worthy of protection.

Prior to the current 2257 controversy, the ACLU’s Barry Lynn in 1985 told the Senate Judiciary Committee that requiring porn producers to maintain records of their performers' ages was impermissible. "If there is no federal record-keeping requirement for the people portrayed in Road and Track or 'Star Wars,’" he said, "there can be no such requirement for Hustler or ‘Debbie Does Dallas.’”

ACLU critics say the organization cannot see the forest for the trees.

According to StoptheACLU.com editor Jay Stephenson, “How can one argue this sick, twisted view in the name of protecting civil liberties?"

According to its website, "The ACLU believes that the First Amendment protects the dissemination of all forms of communication. The ACLU opposes on First Amendment grounds laws that restrict the production and distribution of any printed and visual materials even when some of the producers of those materials are punishable under criminal law."

Copyright © 2026 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

XBIZ LA Conference Website Goes Live, Registration Now Open

The event website for the XBIZ LA conference is now live, offering comprehensive information about the upcoming event, taking place Jan. 7-10 at the JW Marriott L.A. LIVE.

CrakRevenue Rolls Out 'Aff Companion' Real-Time Mobile Notification App

CrakRevenue has launched Aff Companion, a mobile app that sends affiliates real-time notifications about clicks, conversions, and revenue.

Goddess Lilith Launches New Official Website Through PAYSITE

Goddess Lilith has rolled out her new official site, QueenGoddessLilith, through PAYSITE.

Pineapple Support to Host 'Reclaiming Intimacy' Support Group

Pineapple Support is hosting a free online support group for performers with trauma-impacted intimacy issues.

Ofcom Cites Web Prime, Porntrex for Alleged AV Violations

U.K. media regulator Ofcom on Tuesday notified two operators of adult websites of the agency’s provisional determination that the companies have failed to comply with provisions of the Online Safety Act.

FSC: Utah Excise Tax on Adult Content Goes Into Effect October 1

The Free Speech Coalition (FSC) has issued an advisory that the Utah Excise Tax goes into effect tomorrow.

Segpay Parent Company Names David Press to Board

Segpay parent company Toccata Inc. has named payment industry veteran David Press to its board of directors.

Platform Pulse: Inside the Technology and Trends Powering the Direct-to-Fan Economy

For a brief, glittering moment, the fan-platform boom felt like a modern-day gold rush. The premise seemed simple: Open an account, post some tantalizing content and watch the subscriptions roll in. OnlyFans became a household name, "selling feet pics" became a cultural punchline and creators poured into the market hoping to claim their share of the action.

FSC Sets Dates, Qualifiers for December Board of Directors Election

The Free Speech Coalition (FSC) has published dates and qualifiers for its upcoming board of directors election.

Aylo Wins Preliminary Injunction Against Utah AV Law's VPN Rule

A federal court on Thursday issued a preliminary injunction preventing the state of Utah from enforcing a legal provision that would make adult websites liable if minors in the state circumvent geolocation efforts in order to bypass age verification.

Show More