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Article: Protecting the least of these: a new approach to child pornography pandering provisions.
- Article from:
- Duke Law Journal
- Article date:
- October 1, 2007
- Author:
CopyrightCOPYRIGHT 2007 Duke University, School of Law. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)
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ABSTRACT
The pandering of child pornography--selling, distributing, or conveying the impression that one possesses sexually graphic images of children for sale or distribution--facilitates actual harm to children, such as molestation. Yet legislative attempts to curb pandering inevitably implicate concerns about panderers' First Amendment rights. This Note argues that in balancing the vulnerability of children against the power of the First Amendment, the law must shift to focus more on the subject of this grievous harm--children. This approach will appropriately extend protection to a subset of the population that is least able to protect itself.
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