West Law Report

“A Discomfiting Threat to Free Speech”

Posted in Amendment 1st, Free speech, Justice David Souter, Online Child Pornography by mrkooenglish on May 21, 2008

(1)
NY Times editorial called the decision of US v Williams:

The dissenters are right that the court should have made Congress go back and pass a more carefully written law. They are also right that the court’s analysis undermines protections for political speech.

(2)
In the dissenting, Justice Souter writes in the last para.:

Perhaps I am wrong, but without some demonstration that juries have been rendering exploitation of children unpunishable, there is no excuse for cutting back on the First Amendment and no alternative to finding overbreadth in this Act. I would hold it unconstitutional on the authority of Ferber [1982] and Free Speech Coalition [2002].

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