[20030331]RS21463_儿童色情：比较参众两院通过的S.151第108届国会的部分条款并简要评论其合宪性.pdf

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 (1973). 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 comparison of additional provisions, see CRS Report RS21468, Child Pornography:Side-by-Side Comparison of the Senate-passed and House-passed Versions of S. 151, 108thCongress. For additional information on the bills constitutionality, see CRS Report RL31744,Child Pornography Produced Without an Actual Child: Constitutionality of 108th CongressLegislation. For additional information on child pornography law, see CRS Report 95-406, ChildPornography: Constitutional Principles and Federal Statutes.Congressional Research Service The Library of CongressCRS Report for CongressReceived through the CR