Thank you for sharing!

Your article was successfully shared with the contacts you provided.
The U.S. 9th Circuit Court of Appeals announced Monday it will not reconsider a ruling striking down portions of the Child Pornography Prevention Act, which outlawed “virtual” child pornography. The attorney general’s office had appealed the 2-1 panel decision, but after a vote of the full court, the petition for a rehearing en banc was rejected. In December, the 9th Circuit overturned a lower court, saying parts of a statute outlawing both actual and virtual images of child pornography were broadly written and did not show a compelling governmental interest that would override First Amendment concerns. But Judges Kim Wardlaw, Diarmuid O’Scannlain and Thomas Nelson dissented from the vote not to rehear the case. “Whether or not an individual judge agrees with the majority decision, our court should have convened an en banc panel to consider this case because of its exceptional importance,” Wardlaw wrote. “A two-judge majority struck down provisions of a federal statute as unconstitutional when the only other federal courts to rule on the issue have rejected the same constitutional challenges.” The swing vote in Free Speech Coalition v. Reno, 99 C.D.O.S. 9839, was cast by U.S. District Judge Donald Molloy, sitting by designation. Judge Sidney Thomas wrote the majority opinion, while Senior Judge Warren Ferguson wrote the dissent. Both Thomas and Molloy sit in Montana.

This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.

To view this content, please continue to their sites.

Not a Lexis Advance® Subscriber?
Subscribe Now

Not a Bloomberg Law Subscriber?
Subscribe Now

Why am I seeing this?

LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.

For questions call 1-877-256-2472 or contact us at [email protected]


ALM Legal Publication Newsletters

Sign Up Today and Never Miss Another Story.

As part of your digital membership, you can sign up for an unlimited number of a wide range of complimentary newsletters. Visit your My Account page to make your selections. Get the timely legal news and critical analysis you cannot afford to miss. Tailored just for you. In your inbox. Every day.

Copyright © 2021 ALM Media Properties, LLC. All Rights Reserved.