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It is true that under the statute no prosecution can take place until after material has been determined by the court to be "erotic". It is clear, however, that pornographic material is more easily accessible than in the past, mainly because the Internet has created new opportunities for downloading, exchanging and distributing such material. Child Pornography Child pornography is generally acknowledged to raise some issues that do not apply to pornography dealing exclusively with adults. Once it is determined that "a statute reaches constitutionally protected speech or expressive conduct," the next question is:. It argues that the labeling requirement here is no different from one for a dangerous product and that the Legislature is entitled to protect citizens from harmful materials. Watkins Sherbert v.
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A prior restraint is an administrative or judicial order forbidding future speech. In March , COPA was again struck down as unconstitutional by the 3rd Circuit Court of Appeals. But it argues that if they are not also dealers or distributors, they are not subject to civil contempt or criminal prosecution for selling, distributing, or exhibiting "erotic" materials to minors.
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