In a move that does not augur well for those attempting to maintain First Amendment protection for comics, animated films, and computer-generated animation, the Supreme Court has decided to accept a case in which the government is attempting to restore a ban on computer-generated images of minors engaged in sexual activity.  Five years ago Congress passed a law that specifically prohibited computer-generated depictions of underage sexual activity, but this provision was struck down by the Federal Court of Appeals in San Francisco.  The Court of Appeals agreed that traditional child pornography was not entitled to First Amendment protection since the very act of creating it involved the exploitation of children, but the court found that, when no actual children are involved in the production, First Amendment rights protected it.  The fact that the Supreme Court decided to take up the case rather than let the lower court's ruling stand is not a good sign, given the conservative nature of the Supreme Court and new Attorney General John Ashcroft's eagerness to take over the government's side of the case.

 If the Supreme Court does uphold these provisions of the law, which prohibit even visual depictions that 'appear to be minors,' it could well spell trouble for comics and animated films, where it is obvious that no children are hurt in the production of the actual work, and where the law's overly broad and vague language could wreak all sorts of havoc in the hands of publicity-hungry prosecutors.  Some work of Robert Crumb, for example could become illegal if this law is upheld.  The Child Pornography law's draconian punishment, which includes 5 years in prison for just possessing materials deemed pornographic under the law's broad outlines, would certainly have a chilling effect on the adult comics, anime, and video markets. Equally distressing is the fact that the government's case is based on the theory that such materials are dangerous because they inflame the passions and whet the appetite of users who then go on to commit crimes against children.  If the court accepts this proposition then we are headed down the slippery slope where violence in the media can be blamed for creating violence in society, etc.  The comics industry has been down this logically challenged incline before, in the 1950s, when EC Comics took the fall for the postwar rise in juvenile delinquency.

This case is on the Supreme Court's docket for the fall session.  Stay tuned for more details. This one could be important.