Reply #4: While child pornography is despicable, that doesn't mean any law against it is valid. [View All]

[Jim__]

From the article:

The 11th U.S. Circuit of Appeals struck down the provision. The Atlanta-based court said it makes a crime out of merely talking about illegal images or possessing innocent materials that someone else might believe is pornography.

In the appeals court's view, the law could apply to an e-mail sent by a grandparent and entitled "Good pics of kids in bed," showing grandchildren dressed in pajamas.

It makes a crime out of merely talking about illegal images. I think that gives the government sweeping powers that are ripe for abuse.

And Scalia wrote the decision. That alone gives me pause.