Ashcroft V Free Speech Coalition Summary
The “Ashcroft v. Free Speech Coalition” case was argued on October 30, 2001 by the Attorney General Ashcroft. It was a case to decide if the Child Pornography Protection Act of 1996 (CPPA) was constitutional or not (Ashcroft v. The Free Speech Coalition). The CPPA prohibits “any visual depiction including any photograph, film, video, picture, or computer-generated image or picture” that “is, or appears to be, a minor engaging in sexually explicit conduct,” and any sexually explicit image that is “advertised, promoted, presented, described, or distributed in such a manner that convey the impression” it depicts “a minor engaging in sexually explicit conduct” (Ashcroft v. Free Speech Coalition). “It took place at the United States Supreme Court …show more content…
Therefore, the lower courts’ decisions were reversed (Ashcroft v. The Free Speech Coalition) (Ashcroft v. Free Speech Coalition). The following justices agreed with the CPPA: Justice Stevens, Justice Kennedy, Justice Souter, Justice Thomas, Justice Ginsburg, and Justice Breyer. There were three justices that disagreed with the CPPA: Justice O’Connor, Justice Rehnquist, and Justice Scalia (Ashcroft v. Free Speech Coalition). Justice O’Connor explained that the CPPA should not ban pornography using youthful-looking adults. Justice Rehnquist agrees and explains that the CPPA should not ban pornography it should have a limiting instruction so that only material which is not protected/prohibited should be ban/ punished (Ashcroft v. The Free Speech Coalition). Justice Scalia also disagreed with the CPPA (Ashcroft v. Free Speech …show more content…
One case they used was Miller v. California. This case helped them because the Miller Standard was made after the decision of the Miller v. California case. Another case was New York v. Ferber. This case distinguished child pornography from other sexually explicit speech because of the State’s interest in protecting the children exploited by the production process (United States Supreme Court). During this case, the Constitution was interpreted as a living constitution. The “War of Words” article states “Not all cases are so hard to decide since some parts of the constitution are quite specific. But many of the Constitution’s key provisions- like “freedom of speech” are more abstract.” This explains that as our world changes the interpretation will change. In the case “Ashcroft v. Free Speech Coalition” the interpretation is one way but that could be different from today’s interpretation
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Censorship Affect The First Amendment
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1023 Words | 5 PagesWhen people think of how government works, unless they’ve taken a government class, they usually think of Congress making laws and the President doing pretty much everything else. No one pays much attention to the Supreme Court unless there is a landmark case or something else to grab the news — like the recent death of Justice Antonin Scalia. But the Supreme Court does much more than you’d think regarding keeping the political machine running like a well-oiled … machine. Through not only interpretation of the law, but also judicial activism, the Supreme Court shows it can have as much influence over the laws of the land as either of the other branches of the federal government. In this paper, I will analyze the decision-making methods of the Court using the cases of Gideon v. Wainwright and Betts v. Brady.
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