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It ruled the First Amendment protects pornography or other sexual images that only appear to depict real children engaged in sex.
Subsection (B) bans sexually explicit depictions that "appear to be" minors; subsection (D) prohibits depictions that "convey the impression" that they contain sex-ually explicit portrayals of minors.
When a statute restricts speech by its content, it is pre-sumptively unconstitutional.
Any victimization of children that may arise from pedophiles sexual responses to pornography apparently depicting children engaging in explicit sexual activity is not a sufficiently compelling justification for the CPPAs speech restrictions.
To hold otherwise would enable the criminalization of figments of creative technology that do not involve any human victim in their creation or presentation.
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The CPPA fails both tests for subjective neutrality: it expressly aims to curb a particular category of expression (child pornography) by singling out that type of expression based on its content, and banning it.
Blanket suppression of an entire type of speech is by its very nature a content-discriminating act.
While the government is given greater leeway in regulating child pornography, materials or depictions of sexual conduct that do not involve live performance or visual reproductions of live performances retain First Amendment protection.Tags: Adult Dating, affair dating, sex dating