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Question
johan d. ashcroft v. the free speech coalition case "created" a new policy-"...the reasons the Government offers in support of limiting the freedom of speech have no justification in our precedents or in the law of the First Amendment..." in your opinion where is this policy going? and what about child ponography?
Hi there,
Ashcroft v. Free Speech Coalition was a 2002 Supreme Court case which invalidated the Child Pornography Prevention Act of 1996.
Basically, that Act made it illegal to portray images that appeared to be children under the age of 18, even if no actual children were involved in making the pictures.
Traditionally, courts have held that all photos of child pornography outside First Amendment protection because the government had an incentive in preventing child abuse. The ban on distribution took away an economic incentive for people to engage in such abuse.
However, when no children were involved in making the pictures, that justification did not exist. In that case, the Court held that there was no legitimate justification for the censorship. At that point, government was attacking the idea of child sex. While society generally holds that idea abhorrent, that does not justify censorship of such an idea.
I think the Court's decision was consistant with it's precedents of protecting expression of just about any idea.
I hope this helps!
- Mike
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| Rating(1-10) | Knowledgeability = 10 | Clarity of Response = 10 | Politeness = 10 |
| Comment | All four rating factors warranted a 10 in my estimation. It is unfortunate that, as you said, most of the time, a lot of gray is in the arena. One person's rights end at the beginning of another person's nose is my view. I do appreciate the legal viewpoint and your assistance. It has to be confusing to those growing and learning, for it is confusing to us as adults. Again, I thank you. | ||
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Answers by Expert:
Michael Troy
Expertise
I will answer general questions regarding freedom of speech, petition, or religion. I specialize in cases involving public employment or education, as well as issues related to campaign finance. But I can`t give specific legal advice involving specific cases you might have.
Experience
As an attorney for the Center for Individual Rights, I worked on a number of free speech cases, including Rosenberger v. Univ. of Virginia, in which the Supreme Court upheld my clients' right to run a student newspaper without discrimination because of its religious conent. I also worked on White v. Julian, which protected the right of people to protest against a homeless shelter in their neighborhood.
I also worked for the Federal Election Commission on several cases regarding the right to participate in the election process.
Organizations
Former Attorney for Center for Individual Rights.
Publications
Washington Post
Washington Times
Education/Credentials
J.D. from Univ. of Michigan Law School
Awards and Honors
Truman Scholar
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