About this Case

The defendant was convicted (under the Prosecutorial Remedies and Other Tools to end the Exploitation of Children Today (PROTECT) Act) in the U. S. District Court of promoting child pornography and possessing child pornography.  He appealed to the U.S. Court of Appeals for the 11th Circuit, which reversed the promotion of child pornography conviction and vacated the related sentence, finding the statute both overbroad under the First Amendment and impermissibly vague under Due Process Clause.

Summary of NLF's Brief

In our brief to the Supreme Court, we argued that the defendant’s chat room postings about child pornography for barter fit the characteristics of commercial speech, which has lesser Constitutional protection, and that they should have been analyzed according to such lower standards.