Child Protection and Obscenity Enforcement Act of 1988, Pub. In expanding the reach of federal child pornography statutes, Congress addressed several closely related concerns. Pedophiles often rely on child pornography to win over their victims. Not only does virtual pornography serve this end as effectively as the real thing, it also whets the appetite of child molesters just as much as child pornography created through the use of real children. U.S. Const. amend.
Child pornography is one type of unprotected speech.
A. Challenge Under General First Amendment Principles . . . The constitutionality of the CPPA is to be examined in the context of Congress's power to regulate child pornography. Content-based restrictions must be narrowly drawn to serve a compelling governmental interest. Criminalizing the possession of child pornography is justified in light of these concerns. His arguments regarding the scope and content of the statute are best analyzed under the overbreadth and vagueness doctrines.