Ryan P. Kennedy


This Note will explore the struggle in the area of child pornography between the state’s legitimate interest in the protection of children and the First Amendment’s guarantee of free speech. Part II provides a brief history of the free speech doctrine as related to the area of child pornography prevention. Part III discusses the circuit split, as well as the facts, procedural history, and the holding of the Supreme Court. Finally, Part IV will examine the effect of the Court’s interpretation of the statute as unconstitutional, explain why the decision was correct, and look at Congress’ recent efforts at new legislation to replace the CPPA.