From Deseret News archives:
Child-porn law focus of appeal
The high court will hear a First Amendment quarrel today and decide if two phrases in the PROTECT act of 2003 are unlawfully vague and overbroad. The court is expected to take the case under advisement after oral argument and issue its opinion before the end of its current term in June 2008.
The issue surfaced after Michael Williams pled guilty on two counts of child pornography: possessing the material and "pandering" (promoting) the images.
In an Internet sting operation, Williams offered sexually explicit pictures of his 4-year-old daughter to an undercover federal agent; authorities found 22 images of underage children on Williams' computer.
Following Williams' appeal, the 11th Circuit Court of Appeals overturned the pandering conviction, calling the PROTECT act's language "impermissibly vague and facially unconstitutional."
The pandering section of the PROTECT act adopted by Congress as the Prosecutorial Remedies and Other Tools to End the Exploitation of Children Today Act was the latest of several attempts by Congress to strengthen penalties for Internet predators.
Juan Becerra, Salt Lake City FBI spokesman, said if the court upholds Williams' appeal it would take an arrow out of law enforcement's quiver. But, he said, "We're still going to go after these guys as hard and aggressively as before."
Becerra also said the Wasatch Front leads the nation in child pornography investigations, arrests and convictions.
"Pandering" specifically prohibits advertising, promoting, presenting or soliciting "any material or purported material in a manner that reflects the belief, or that is intended to cause another to believe, that the material or purported material" contains child pornography.
The controversy grows out of the two subjective phrases, "reflects the belief," and "intended to cause another to believe," which Williams claims are too vague and smother free speech. A person does not have to posses the unlawful material to be charged with pandering; merely describing it in a way that "reflects the belief" that one possesses it is enough.
Congress said such a strict law is necessary because "even fraudulent offers to buy or sell unprotected child pornography help to sustain the illegal market for this material."
Comments
- Filipino clan claims innocence 10:51 a.m.
- 'Saddam Channel' hits Iraq TV 10:36 a.m.
- Russia sends pact draft to leaders 10:30 a.m.
- Nat'l parks seek share of profits 10:24 a.m.
- UNLV refutes comeback 10:23 a.m.
- UVU romps to big win 10:22 a.m.
- BYU, Utah game highlights 10:20 a.m.
- Zimbabwe PM welcomes intervention 10:12 a.m.
- France, Rwanda agree to restore ties 10:06 a.m.
- Iran okays 10 enrichment sites 9:57 a.m.
- Hall mouths off about hate of Utah
- Cougars beat Utes in overtime
- Cave to be sealed with body inside
- BYU is champion of the state
- Credit Coug defense for win
- Cougar defense rose to occasion
- Field goals, penalties doomed Utes
- Jones' joy for life remembered
- Predicting the unpredictable: BYU wins
- Man trapped in Nutty Putty cave dies
- Cougars beat Utes in overtime
421 - Hall mouths off about hate of Utah
289 - Thunder rolls by Jazz
136 - Cave to be sealed with body inside
115 - Man trapped in Nutty Putty cave dies
115 - Editorial: Poor welcome for Palin
113 - Rivalry Week is highly profane
89 - Hall's legacy measured today
75 - Y. focused on 10-win season
73 - Letters: C02 causes warming
72
I wanted to tell them not to go. I dropped subtle hints. "My money is on...
When I was a kid, I worshipped my grandpa. He was undoubtedly my hero....
I'm a 25-year BYU fan. Great game to watch - it was close to the very last...
Where was her NCO beforehand? In my opinion a good NCO would have looked...
Enough said.
there's the rub.
Traditional views are changing. Marriage syno is Joined. It doesn't mean...
Utah 2 BYU 0 (zero, zip, nil) And yes, Utah fans can still talk BCS since...
Memo to Ute Fans: Admit it. You hate BYU, and we hate you all too. Someone...
Utah 2 BYU 0 (zero, zip, nil) And yes, Utah fans can still talk BCS...
legalizing marriage for the gays will end up being a plague upon them. Old...
2 more paragraphs and you would have made it. An entire piece without some...



You can be the first to comment on this story.