WASHINGTON — The Bush administration urged the Supreme Court on Tuesday to uphold a 2003 federal law making it a crime to advertise or promote child pornography, despite objections that the statute violates constitutional free-speech rights.
Solicitor General Paul Clement, arguing for the government, dismissed claims by critics of the law that it was too broad and would criminalize talking about such films as “Lolita” and “American Beauty.”
During oral arguments, Clement brushed aside a barrage of examples from justices worried that movie reviewers, documentary producers and even teenage boys would inadvertently run afoul of the law. Clement argued that reasonable people were unlikely to believe mainstream movies include true child pornography.
The law at issue in the case represents Congress’ second attempt to crack down on the promotion of material that is or appears to be child pornography. The Supreme Court struck down the first measure in 2002 after concluding that statute was overbroad.
The court could rule that the law is constitutional but leave room for plaintiffs to bring challenges to the statute as it applies to their specific cases. The justices are expected to announced their ruling by July.
Hearst Newspapers
