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Thursday, May 23, 2024 | Back issues
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Sixth Circuit Strikes Down| Anti-Porn Law As Overbroad

CINCINNATI (CN) - The Sixth Circuit struck down a law intended to fight pornography, ruling that its overbroad requirements restrict protected speech.The Child Protection and Enforcement Act of 1988 requires producers of sexually explicit photos to keep extensive records of the individuals in each image.

The law fails to narrowly define the term "producers," which can refer to anyone who creates sexually explicit images, even ones meant for private use.

"While the government is indeed aiming at conduct, child abuse, it is regulating protected speech, sexually explicit images of adults, to get at that conduct," Judge Kennedy wrote for the 2-1 majority. "Adult sexual conduct is not illegal and it is, in fact, constitutionally protected." Judge McKeague dissented in part. See ruling in Connection Distributing v. Keisler.

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