NCJ Number
66320
Journal
Journal of Family Law Volume: 17 Dated: (MAY 1979) Pages: 505-543
Date Published
1979
Length
39 pages
Annotation
THIS ARTICLE EXAMINES LEGISLATION ENACTED TO CURB THE GROWTH OF CHILD PORNOGRAPHY AGAINST THE FRAMEWORK OF CONSTITUTIONAL RESTRICTIONS AND PRACTICAL LIMITATIONS OF ENFORCEMENT.
Abstract
PERTINENT FEDERAL LEGISLATION, WITH EMPHASIS ON THE VARIOUS PROVISIONS PASSED IN 1978, IS EXAMINED. FOR EXAMPLE, THE PROTECTION OF CHILDREN AGAINST SEXUAL EXPLOITATION ACT OF 1977, PASSED IN JANUARY 1978 WHICH AMONG ITS OTHER STATUTORY PROVISIONS APPLIES TO PARENTS AND THOSE DIRECTLY INVOLVED IN EMPLOYING CHILD MODELS TO PRODUCE SEXUALLY EXPLICIT MATERIAL SHIPPED IN INTERSTATE COMMERCE, WAS THE RESULT OF MUCH NEGOTIATION IN THE HOUSE AND SENATE. IT ILLUSTRATES THE PROBLEMS INHERENT IN THE CHILD ABUSE APPROACH VERSUS THE OBSCENITY APPROACH. THE PROBLEMS ARE MIRRORED IN SIMILAR STATE LEGISLATIVE SKIRMISHES. GENERALLY, STATE STATUTES ARE BROADER THAN FEDERAL LEGISLATION AND TEND TO FOCUS ON DEPICTIONS OF CERTAIN ACTS RATHER THAN VIEW THE WORKS (FILMS, ARTICLES, ETC.) AS A WHOLE. UNLIKE FEDERAL LEGISLATION, STATE LAW USUALLY DOES NOT PROVIDE SEPARATE STANDARDS FOR REGULATION OF SPEECH AS OPPOSED TO CONDUCT. JUDICIAL OPINIONS CONCERNING THE CONSTITUTIONALITY OF CHILD PORNOGRAPHY LEGISLATION AND OTHER ISSUES ARE DISCUSSED, PARTICULARLY ST. MARTIN'S PRESS V. CAREY AND GRAHAM V. HILL (1977), BOTH PROMOTING SEXUALLY EXPLICIT MATERIAL. TO MORE EFFECTIVELY ATTACK THE CHILD PORNOGRAPHY PROBLEM, STATES SHOULD ENSURE THROUGH THEIR LICENSING LAWS AND THROUGH INSPECTION AND SUPERVISION THAT ALL INSTITUTIONS FOR MINORS ARE SAFE AND DECENT PLACES TO RAISE CHILDREN. RUNAWAY CHILDREN, WHO ARE OFTEN EXPLOITED, SHOULD BE BETTER PROVIDED FOR IN LEGISLATION. HOWEVER, PROMOTING A BLANKET BAN ON ANYTHING REMOTELY SUGGESTIVE IN ORDER TO PREVENT CHILD PORNOGRAPHY WILL ENDAGER CITIZENS' CONSTITUTIONAL PROTECTIONS. FOOTNOTES ARE INCLUDED. (WJR)