Ninth Circuit Court of Appeals Ruling
The Ninth Circuit ruled that the sections in the Protection of Children Against Sexual Exploitation Act of 1977 dealing with the interstate transportation of underage pornography is unconstitutional. Part of the relevant provision states:
(a) Any person who: (1) knowingly transports or ships in interstate or foreign commerce by any means, including by computer or mails, any visual depiction, if
- (A) the producing of such visual depiction involves the use of a minor engaging in sexually explicit conduct and
- (B) such visual depiction is of such conduct;
shall be punished as provided in subsection (b) of this section.
The defense asserted that the word "knowingly" in section (1), judging from the grammar, did not extend to the conduct described in subsection (A) or (B).
If interpreted this way, the result would be that anybody buying or selling movies without knowing their content might be held criminally liable. This was the basis for the Ninth Circuit Court finding the law in violation of the First Amendment.
Read more about this topic: United States V. X-Citement Video
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