Ashcroft v. Free Speech Coalition — O'Connor, J., Concurring in Part and Dissenting…

Summary

Justice O'Connor agrees the Child Pornography Prevention Act’s ban on material that “conveys the impression” of containing child pornography is unconstitutional, and agrees the ban on youthful adult pornography is overbroad. However, she dissents from striking down the ban on virtual child pornography entirely, arguing it should be upheld for images virtually indistinguishable from real children. She concludes, with the Court’s judgment in part, and dissent in part, and would strike the “appears to be” provision only as applied to youthful adult pornography.