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Videocase: Arthur, Attorney for 1st Amendment Issues

Arthur Schwartz is an attorney who has specialized in defending cases where First Amendment rights have potentially been violated. In this video clip, he talks about cases in which people have been arrested for the images they have downloaded from the internet, specifically images involving children. While he clearly does not defend actual child pornography, he raises questions about whether people should be prosecuted simply for downloading images that they may not have known contained illegal images at the time. He also poses the interesting issue that images of children could be pictures of adults altered by computer graphics or virtual images of children. As a father, as well as a lawyer, he makes his personal boundaries clear.

Please watch the following video clip and answer the corresponding follow-up questions.

Attorney for 1st Ammendment Issues

1
Arthur Schwartz’s remarks demonstrate that First Amendment issues, as they are applied to sexually explicit materials, can be more complicated than they might appear at first glance. What is your stance on the possession of “child” pornography in which the “children” depicted are virtual graphic images?
2
How have the courts ruled on this issue?
3
Should sexually explicit materials involving consenting adults continue to be available to adults? Justify your position.







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