The pandering of child pornography - selling, distributing, or conveying the impression that one possesses sexually graphic images of children for sale or distribution - facilitates actual harm to children, such as molestation. Yet legislative attempts to curb pandering inevitably implicate concerns about panderers' First Amendment rights. This Note argues that in balancing the vulnerability of children against the power of the First Amendment, the law must shift to focus more on the subject of this grievous harm - children. This approach will appropriately extend protection to a subset of the population that is least able to protect itself.
Stephen T. Fairchild,
Protecting the Least of These: A New Approach to Child Pornography Pandering Provisions,
57 Duke Law Journal
Available at: http://scholarship.law.duke.edu/dlj/vol57/iss1/4