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ASHCROFT v. FREE SPEECH COALITION

No. 00-795.

535 U.S. 234 (2002)

ASHCROFT, ATTORNEY GENERAL, et al. v. FREE SPEECH COALITION et al.

United States Supreme Court.

Decided April 16, 2002.

Attorney(s) appearing for the Case

Deputy Solicitor General Clement argued the cause for petitioners. With him on the briefs were Solicitor General Olson, Acting Solicitor General Underwood, Acting Assistant Attorney General Schiffer, Deputy Solicitor General Kneedler, Irving L. Gornstein, Barbara L. Herwig, and Jacob M. Lewis.

H. Louis Sirkin argued the cause for respondents. With him on the brief were Laura A. Abrams and John P. Feldmeier.*

Kennedy, J., delivered the opinion of the Court, in which Stevens, Souter, Ginsburg, and Breyer, JJ., joined. Thomas, J., filed an opinion concurring in the judgment, p. 259. O'Connor, J., filed an opinion concurring in the judgment in part and dissenting in part, in which Rehnquist, C. J., and Scalia, J., joined as to Part II, p. 260. Rehnquist, C. J., filed a dissenting opinion, in which Scalia, J., joined except for the paragraph discussing legislative history, p. 267.

Justice Kennedy, delivered the opinion of the Court.

We consider in this case whether the Child Pornography Prevention Act of 1996 (CPPA), 18 U. S. C. § 2251 et seq., abridges the freedom of speech. The CPPA extends the federal prohibition against child pornography to sexually explicit images that appear to depict minors but were produced without using any real children. The statute prohibits, in specific circumstances...

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