The First Amendment provides that “Congress shall make no law ... abridging the freedom of speech, or of the press....” The First Amendment applies, with two exceptions, to pornography and indecency, with those terms being used to refer to any words or pictures of a sexual nature. The two exceptions are obscenity and child pornography; because these are not protected by the First Amendment, they may be, and have been, made illegal. Pornography and “indecent” material that are protected by the First Amendment may nevertheless be restricted in order to limit minors’ access to them.

"We must fight child sexual abuse,"
Japan should update pornography law to allow international investigations
By J. Thomas Schieffer, U.S. Ambassador to Japan, 1/30/2008
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Governmental Website

America.gov
Democracy - Human Rights
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CRS Reports

To view the following reports, please contact the Information Resource Center closest to you.

• "Obscenity, Child Pornography, and Indecency: Recent Developments and Pending Issues" (Updated September 9, 2008)
• "Child Pornography: Constitutional Principles and Federal Statutes" (Updated September 26, 2008)

Related Federal Laws

• Sexual Exploitation and Other Abuse of Children: 18 USC Sec. 2251~2260
• The Child Pornography Prevention Act of 1996
• The Prosecutorial Remedies and Other Tools to end the Exploitation of Children Today Act of 2003 (PROTECT Act)