1、1 535 U.S. 234 (2002).2 “Obscenity,” which is not protected by the First Amendment, is defined by the Supreme Courtas material that appeals to the prurient interest, is patently offensive, and lacks serious literary,artistic, political, or scientific value. Miller v. California, 413 U.S. 15, 24 (197
2、3). Pornographythat uses an actual child is not protected by the First Amendment, even if it meets none of thethree criteria for obscenity. 3 The House-passed bill began as H.R. 1161 and was adopted (except for section 10) as anamendment (Title V) to H.R. 1104, which the House passed as S. 151.4 For
3、 additional information, see CRS Report 95-406, Child Pornography: ConstitutionalPrinciples and Federal Statutes; CRS Report RL31744, Child Pornography Produced Withoutan Actual Child: Constitutionality of 108th Congress Legislation; and CRS Report RS21463,Child Pornography: Comparison of Selected P
4、rovisions of the Senate-passed and House-passedVersions of S. 151, 108th Congress, with Brief Comments on their Constitutionality.Congressional Research Service The Library of CongressCRS Report for CongressReceived through the CRS WebOrder Code RS21468Updated March 31, 2003Child Pornography: Side-b