6th Circuit Court Upholds Porn Law Protecting Children

Good news!

6th Circuit Court Upholds Porn Law Protecting Children

Most of our Perspectives of late have expressed concerns about specific bills, executive orders, nominations or trends negatively impacting our freedoms and our families.

Today, a celebration! A celebration arising from an important federal court decision that received little attention in our mainstream media.

On this past Friday, a full panel of the U.S. Court of Appeals for the 6th Circuit (Cincinnati) upheld the Child Protection and Obscenity Enforcement Act of 1988.

That law requires pornographers who take photos of people engaged in sex acts to maintain records of the photographed persons’ names and ages to prove that they are not minors. It was necessary to make sure that pornographers were not violating our nation’s strong laws against child pornography.

In October of 2007, a 3-judge panel of the 6th Circuit had ruled that the law was unconstitutional.

The full-court decision on Friday overturned the 3-judge decision, finding that the law was in compliance with the First Amendment of the Constitution.

In its majority opinion, the Court wrote, “Congress singled out these types of pornography for regulation…because doing so was the only way to ensure that its existing ban on child pornography could be meaningfully enforced. That objective not only is independent of the content of the regulated speech, but it also is a concern of the highest order, one that relates to a category of speech that the government may regulate, indeed completely suppress, based on its content.”

This common-sense, protective law grew out of the Attorney General’s Commission on Pornography. Its author was Alan Sears, who today is president of the Alliance Defense Fund, CCV’s primary legal alliance partner.

Sears applauded the decision.

“Children should not be fodder for the profits and perverse desires of pornographers,” Sears said. “Today’s ruling once again affirms that no conflict exists between the protections of the First Amendment and this law, which simply exists to protect our nation’s most vulnerable citizens: our children.”

Praise God for good news!

An interesting side note:

Yesterday we alerted you to President Obama’s nomination for Deputy Attorney General, David Ogden, an attorney who in private practice represented the interests of pornographers. In 1989, Ogden argued against the Child Protection and Obscenity Enforcement Act. He actually convinced a D.C. district court that the requirement to verify that the pornography subjects were over 18 would “burden too heavily and infringe too deeply on the right to produce First Amendment protected material.” How could a such a person now be trusted with the solemn duty to defend the very child pornography laws which he has worked to overturn! If you have not yet sent a personal message to Senators Brown and Voinovich, encouraging them to vote NO to the confirmation of David Ogden as Deputy Attorney General, please click here to send that message today. The vote is scheduled for Thursday.

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