Child pornography

Question 1

GR

Answer 1

works which portray sexual or lewd acts by children are unprotected by the first amendment.

Question 2

Limitation

Answer 2

A statute which restricts or limits on the basis of child pornography must adequately define the conduct which is prohibited by the statute in question.

Question 3

SC on child porn

Answer 3

The Supreme Court has stated that child pornography is legally distinguishable from other sexual explicit material due to the state’s interest in protecting children from exploitation.

Question 4

definition

Answer 4

minors engaged in some type of lewd, explicit sexual activities

Question 5

possession of child porn

Answer 5

possession in home can be regulated

Question 6

compelling interest of child porn

Answer 6

State has a compelling interest in safeguarding the physical and psychological well-being of minors

Question 7

Test

Answer 7

Similar to obscenity. Differences:

1. Trier of fact does not have to find the material appeals to the pruient interest of the average person.
2. Not require sexual conduct to be portrayed as done in patently offensive manner.
3. The material does not need to be considered as a whole.

Question 8

Simulated child porn

Answer 8

Statutes punishing are unconstitutional because it restricted materials beyond what the government is able to restrict under the tests articulated by the court for child pornography as well as obscenity. Restriction must be narrow.