• PC World
• » Tech Industry

WASHINGTON -- Some members of Congress are taking another stab at banning virtual child pornography, this time by trying to amend the Constitution--a rarely successful tactic.

Representative Henry Brown (R-South Carolina) has announced he will introduce legislation to change the Constitution to prohibit child pornography, even if the offending items are computer-generated images of children. Congress has tried several times to outlaw even virtual child porn by statute, but courts have overturned the measures on free speech concerns.

Not surprisingly, Brown's move is drawing scorn from civil liberties groups that have long invoked First Amendment protections, even of distasteful expression.

"We have the First Amendment precisely to protect speech that people dislike," says Ann Beeson, of the American Civil Liberties Union. "We simply can't go around asking for amendments to the Constitution whenever a group doesn't like something the Constitution protects."

Chris Hoofnagle, representing the Electronic Privacy Information Center, concurs. "What we're doing here is trying to make the whole Internet safe for children, and in doing so it restricts adults," Hoofnagle says.

Reply to Court Action

The amendment comes in response to an April Supreme Court ruling that struck down a 1996 law banning virtual child pornography.

"This amendment would safeguard our children from being exposed to, and exploited by, the growing child pornography industry," Brown says. "This is the only way that we can be sure that future courts do not overturn any new anti-child pornography measures that become the law of the land."

Brown's amendment has about 30 cosponsors, almost all Republicans. But at a press conference with the Christian Coalition Wednesday, Brown said he "would be amazed that we would find any opposition" in the Democrat-controlled Senate.

It will take more than the usual majority vote for this legislation to become law; a two-thirds majority in both houses is needed to amend the U.S. Constitution. Then, three-quarters of the states need to ratify it, something that's only been accomplished 17 times since adoption of the Bill of Rights.

Repeated Battle

Although the legislation may face difficult odds, it is being drafted at least in part to send a message to the judiciary.

"I think this puts the Supreme Court on notice that this is an issue they might want to reconsider," says Denver Merrill, a Brown staff member.

When it comes to children and pornography, the amendment won't be the first time Congress has tried to legislate its way around the courts. Judges have overturned many of those earlier attempts.

The issue of balancing free speech with protecting children online is being considered in numerous cases. In May the U.S. Supreme Court asked a lower court to reconsider First Amendment issues raised by a law designed to protect children from online content.

• See more like this:
• court,
• congress,
• porn,
• child porn,
• virtual child porn,
• free speech,
• henry brown,
• law,
• bill,
• legislation