[Congressional Record (Bound Edition), Volume 148 (2002), Part 9]
[Extensions of Remarks]
[Pages 12017-12018]
[From the U.S. Government Publishing Office, www.gpo.gov]




         CHILD OBSCENITY AND PORNOGRAPHY PREVENTION ACT OF 2002

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                               speech of

                        HON. DENNIS J. KUCINICH

                                of ohio

                    in the house of representatives

                         Tuesday, June 25, 2002

  Mr. KUCINICH. Mr. Speaker, I voted in favor of H.R. 4623, the Child 
Obscenity and

[[Page 12018]]

Pornography Prevention Act of 2002. I strongly support the goal of this 
legislation, which is to protect children from sexual exploitation.
  This legislation is in response to the United States Supreme Court's 
ruling in Ashcroft v. The Free Speech Coalition, which struck down 
portions of the Child Pornography Prevention Act that made it illegal 
to create, distribute or possess ``virtual'' child pornography produced 
by means other than using real children, such as using adult actors who 
look like children or through computer generated images.
  In an effort to pass constitutional muster, this bill prohibits the 
creation, distribution or possession of computer generated images that 
appear ``virtually indistinguishable'' from that of a minor engaging in 
sexually explicit conduct. We should not allow technological advances 
to hamper law enforcement's ability to prosecute individuals for child 
pornography. Law enforcement agencies must have all necessary tools to 
eliminate sexual exploitation of innocent children.
  However, I have concerns about how this legislation affects free 
speech protections under the First Amendment. H.R. 4623 criminalizes 
speech that not only is not obscene, but that has redeeming literary, 
artistic, or other social value. This includes therapists and academic 
researchers who use computer-generated images in their research, and 
filmakers who create explicit anti-child abuse documentaries.
  While I am hopeful that this legislation will pass constitutional 
scrutiny we must also ensure that we do not infringe upon the First 
Amendment. I believe we must strive to eliminate child pornography, a 
despicable exploitation of our children, while at the same time 
respecting free speech.

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