Parties: United States v. Williams
Date: 2008-05-19
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Paragraph: 113 - (individual) freedomThis should weigh heavily in the overbreadth balance, because "First Amendment freedoms are most in danger when the government seeks to control thought or to justify its laws for that impermissible end. The right to think is the beginning of freedom, and speech must be protected from the government because speech is the beginning of thought."
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Paragraph: 59 - N123* A crime is committed only when the speaker believes or intends the listener to believe that the subject of the proposed transaction depicts real children. It is simply not true that this means "a protected category of expression [will] inevitably be suppressed," post, at 321, 170 L. Ed. 2d, at 680. Simulated child pornography will be as available as ever, so long as it is offered and sought as such, and not as real child pornography. The dissent would require an exception from the statute's prohibition when, unbeknownst to one or both of the parties to the proposal, the completed [**1845] transaction would not have been unlawful because it is (we have said) protected by the First Amendment. We fail to see what First Amendment interest would be served by drawing a distinction between two defendants who attempt to acquire contraband, one of whom happens to be mistaken about the contraband nature of what he would acquire.
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Paragraph: 93 - Free Speech Coalition reaffirmed that nonobscene virtual pornographic images are protected, because they fail to trigger the concern for child safety that disentitles child pornography to First Amendment protection. See id., at 249-251, 122 S. Ct. 1389, 152 L. Ed. 2d 403. The case thus held that pictures without real minors (but only simulations, or young-looking adults) may not be the subject of a nonobscenity pornography crime, id., at 246, 251, 122 S. Ct. 1389, 152 L. Ed. 2d 403, and it has reasonably been taken to mean that transactions in pornographic pictures featuring children may not be punished without proof of real children
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Paragraph: 5 - We have long held that [***LEdHR2] [2] obscene speech--sexually explicit material that violates fundamental notions of decency--is not protected by the First Amendment. [**1836] See Roth v. United States, 354 U.S. 476, 484-485, 77 S. Ct. 1304, 1 L. Ed. 2d 1498 (1957). But to protect explicit material that has social value, we have limited the scope of the obscenity exception, and have overturned convictions for the distribution of sexually graphic but nonobscene material.
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