VIRTUAL.CHILD.PORN.COM - DEFENDING THE CONSTITUTIONALITY OF THE CRIMINALIZATION OF COMPUTER-GENERATED CHILD PORNOGRAPHY BY THE CHILD PORNOGRAPHY PREVENTION ACT OF 1996 - A REPLY TO PROFESSOR BURKE AND OTHER CRITICS

In The Criminalization of Virtual Child Pornography: A Constitutional Question, 34 HARV. J. ON LEGIS. 439 (1997), Professor Debra D. Burke c ontended that the Child Pornography Prevention Act (CPPA) of 1996 cann ot survive strict scrutiny constitutional review because Congress's in terests in enacting the restriction are neither sufficiently compellin g nor narrowly tailored. Here, Mr. Wasserman counters that the CPPA sh ould be assessed larder a ''less valuable speech'' standard. Applying this approach, the author finds the Act constitutional, since the gove rnment's particular interests in regulating computer-generated pornogr aphy outweigh the minimal First Amendment value of the material.