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Case Details

Case: U.S. v. Michael Williams
Subject(s): Child pornography, Protect Act, constitutionality, overbreadth, vagueness, First Amendment
Appealed from: 11th Circuit Court of Appeals (April 6, 2006)

Docket No: 06-0694
Decision Rendered: No
Decision: None

Question(s) presented: Is section 2252A(a)(3)(B) of Title 18 -- which prohibits knowingly advertising, promoting, presenting, distributing or soliciting materail in a manner that reflects the belief, or is intended to cause another to believe, that the material is illegal child pornography -- overly broad and impermissibly vague, and thus facially unconstitutional?

Holding of appellate court: The Circuit Court held that the Act's prohibition was broad enough to include any "braggart, exaggerator, or outright liar" who claims in a non-commercial context to have child pornography but actually does not. Thus, the Act's pandering provision prohibited protected speech as well as actual child pornography.

Date of Oral Arguments Your Prediction Your Prediction by Justice Update
Affirm Reverse Vacate Justice Affirm Reverse Vacate
Oct 30, 2007 Alito
Breyer
Ginsburg
Kennedy
Roberts
Scalia
Souter
Stevens
Thomas