Writing in dissent, Chief Justice Rehnquist argued that the CPPA was merely a natural extension of Ferber, and the new law seemed intended to be used only to prosecute those individuals distributing materials known to use real children.
Holding: Court's reasoning and policy implications:
Justice Anthony Kennedy, writing for the majority, found in favor of the Free Speech Coalition, and affirmed the judgment of the Court of Appeals to strike down the relevant statutes. Critical to Kennedy's decision was the government's radical reformulation of the obscenity standard in Miller. To be banned under the CPPA standard, the materials in question "need not appeal to the prurient interest. Any depiction of sexually explicit activity, no matter how it is presented, is proscribed," even though there was no clear physical threat to a child, according to the Ferber standard. The government was suppressing lawful speech (speech not using children to produce sexual content) in an effort to suppress unlawful speech, alleging that allowing sexualized images...
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