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PEOPLE v. ALEXANDER

No. 93952.

791 N.E.2d 506 (2003)

204 Ill.2d 472

274 Ill.Dec. 414

The PEOPLE of the State of Illinois, Appellant, v. Kenneth ALEXANDER, Appellee.

Supreme Court of Illinois.

May 22, 2003.

Attorney(s) appearing for the Case

James E. Ryan, Lisa Madigan, Attorneys General, Springfield, Michael J. Waller, State's Attorney, Waukegan (Joel D. Bertocchi, Solicitor General, William L. Browers, David P. Haslett, Mary Beth Burns and Lisa Anne Hoffman, Assistant Attorneys General, Chicago, of counsel), for the People.

Morrison & Morrison, P.C., Waukegan (Donald J. Morrison, of counsel), for appellee.

Justice FITZGERALD delivered the opinion of the court:

The sole issue in this case is whether our state's prohibition of so-called virtual child pornography suffers from the same constitutional infirmity that doomed the federal prohibition of virtual child pornography in Ashcroft v. Free Speech Coalition, 535 U.S. 234, 122 S.Ct. 1389, 152 L.Ed.2d 403 (2002). We hold that it does, but that it is severable from the remainder of...

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