ACLJ: Supreme Court Decision Upholding Child Pornography Law “Very Sound and Reasoned”

Court's Action Ensures Child Pornographers Can Be Held Accountable

WASHINGTON, May 19, 2008—Today's decision by the Supreme Court upholding the constitutionality of the Protect Act of 2003 is being applauded by American Center for Law and Justice (ACLJ), the nation's top conservative public interest law firm.  The 7-2 decision in the case of U.S. v. Williams (No. 06-694) affirms the constitutionality of the Protect Act-a measure designed to combat child pornography.  The ACLJ's amicus brief in the case represented 18 members of Congress, including five co-sponsors of the Protect Act. 

"This is a very sound and reasoned decision that is long overdue," said Jay Sekulow, chief counsel of the ACLJ.  "It's encouraging to see the high court finally give the government the tools it needs to punish those who pander or promote child pornography.  It's a well thought out decision that respects the First Amendment while reaching the proper conclusion that Congress acted appropriately and constitutionally in moving to battle child pornography online.  We're very pleased that the high court moved to protect the most vulnerable of our society-our children."

In the majority opinion, Justice Antonin Scalia concluded that the statute "raises no constitutional problems whatever" and correctly rejected arguments that the Protect Act violates the First Amendment.   Justice Scalia wrote:  "In sum, we hold that offers to provide or requests to obtain child pornography are categorically excluded from the First Amendment."

The majority opinion concluded:  "Child pornography harms and debases the most defenseless of our citizens.  Both the State and Federal Governments have sought to suppress it for many years, only to find it proliferating through the new medium of the Internet.  This Court held unconstitutional Congress's previous attempt to meet this new threat, and Congress responded with a carefully crafted attempt to eliminate the First Amendment problems we identified.  As far as the provision at issue in this case is concerned, that effort was successful."

Members of Congress represented by the ACLJ in the amicus brief include: Senator Tom Coburn and Representatives J. Gresham Barrett, Marsha Blackburn, Tom Cole, John Culberson, John Doolittle, Tom Feeney, Luis G. Fortuno, Trent Franks, Virgil H. Goode, Bob Inglis, Sam Johnson, Steve King, Joseph R. Pitts, Lamar Smith, Timothy Walberg, Dave Weldon and Lynn A. Westmoreland.  The five co-sponsors of the Protect Act represented in the brief are:  Representatives Blackburn, Feeney, Franks, King and Smith.

You can read the ACLJ amicus brief here:  http://www.aclj.org/Media/PDF/USvWilliamsAmicusSupremeCourt_06112007.pdf

Led by Chief Counsel Jay Sekulow, the American Center for Law and Justice focuses on constitutional law and is based in Washington, D.C.  The ACLJ is online at www.aclj.org.  The ACLJ's online newsroom can be accessed at www.DeMossNewsPond.com/ACLJ.

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