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Joined: Apr 29 2013 Location: United Kingdom Online Status: Offline Posts: 14 |
![]() Topic: sac longchamps pas-cher.com æ ‡é¢˜\]Posted: May 08 2013 at 3:04am |
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mental right to traffic in “virtual” child pornography.After Free Speech Coalition, the Court’s precedents appeared to leave two categories of images subject to preclusion: images of actual children engaging in sex acts, and those of children (actual, virtual, or adults posing as children) engaging in conduct sufficiently lewd to be deemed obscene. Congress tried to dry up the market by prohibiting offers or solicitations to exchange such content in interstate and foreign commerce (which of course includes the Internet). As night follows day, the usual suspects filed lawsuits complaining that these carefully targeted proscriptions — in what was, in the current fashion,sac longchamps pas-cher.com, torturously named the “Prosecutorial Remedies and Other Tools to end the Exploitation of Children Today [i.e., Protect] Act of 2003” — were too sweeping. Sen. Patrick Leahy, then the ranking member of the Judiciary Committee protested that the law went too far. The Eleventh Circuit federal appeals court agreed.Monday’s ruling in United States v. Williams reversed the appellate court and upheld the law,pas cher sac longchamp. Justice Scalia explained that when a ban on child pornography is challenged on “overbreadth” grounds, complainants must demonstrate not merely that they can come up with some clever Romeo and Juliet-type example of a chilling effect; they must instead show that a disproportionate amount of protected speech could realistically be imperiled in the legitimate effort to bar antisocial expression that lies outside the First Amendment’s carapace,sacs longchamps pliage pas cher neufs. In this case, the new law took pains to laser in on depravity that clearly enjoys no First Amendment protection. The Court concluded that this law would not be overturned based on speculation about its potential to discourage real art.This is exactly as it should be. The government can be expected to apply the law, day in and day out, exclusively against real offenders — such as the defendant in Williams, who was peddling what he advertised as photos of men molesting his four-year-old daughter. Meanwhile, in the unlikely event an overzealous prosecutor were to stretch the law to criminalize, say, a news organization’s good-faith video reporting on the abuse of children, that organization could still challenge the law “as applied” to itself.It seems sensible to us not to throw the baby out with the bathwater. Since the Court doesn’t always see it that way when the First Amendment is involved, we’re relieved that the justices vindicated democratic choice, putting off what Justice Scalia aptly called “fanciful hypotheticals” until such a time as they may arise in real-world cases.[标签:标题]
Hillary: The Al Gore of 2008 Winner of the popular vote, loser of the election. There have been four quarters in the Democratic presidential nomination battle. We’re late in the fourth quarter now, and when it’s over, Hillary Clinton will likely have won three of the quarters — and won the most votes overall — but lost the game. Advertisement The first quarter was the shortest an Related articles: |
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