Pandering Provision of The Protect Act Found Unconstitutional

ATLANTA — A federal appeals court struck down the pandering provision of the Protect Act, ruling that the provision, which makes it a crime to distribute material purported to contain obscene depictions of minors engaging in sexual activity, was overbroad.

Congress passed the Protect Act in 2003 in an effort to resurrect the Child Porn Protection Act. The CPPA also made pandering child pornography a crime, but cast a wider net. The Protect Act refined the CPPA by criminalizing only the panderer.

The 11th U.S. Circuit Court of Appeals, following the logic in a similar case, Ashcroft vs. Free Speech Coalition, found the pandering provision to be overbroad, ruling it unconstitutional.

The present case, U.S. vs. Williams, centered on the defendant’s 1st Amendment challenge to the law. On those ground, according to Santa Monica criminal defense attorney and FSC Board Chairman Jeffrey Douglas, the court got it exactly right.

“What Congress did was try to criminalize the idea, not the act of child exploitation,” Douglas told XBIZ. “The Supreme Court has ruled that to be unconstitutional because it’s overbroad.”

Douglas pointed out that under the law, for example, a discussion about “Lolita” could be criminal.

“On the one hand, the speaker could be talking about the book by Nabokov; on the other hand, the speech could be in reference to child pornography,” Douglas said. “The problem with the law is that it makes no distinction, and therefore criminalizes protected speech.”

In the case at bar, Michael Williams was convicted under the Protect Act of entering a chatroom where he claimed to be in possession of pictures depicting a toddler that were sexual in nature. When authorities arrested Williams, no pictures of that nature were found. However, Williams was in possession of other child pornography, a crime for which he was convicted.

The court upheld the conviction on the possession charge, while overturning the conviction on the pandering charge. But according to Douglas, the decision made no difference as to Williams’ sentence.

“The [pandering] law is entirely unnecessary,” Douglas said. “Williams was set to serve 60 months in prison and he’ll still serve the same time for possession. The pandering law doesn’t change the outcome of the vast majority of criminal cases where the defendant is accused of possessing child porn.”

Copyright © 2025 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

Arcom Sends Warning Letters to 5 Adult Sites Over Age Verification

French media regulator Arcom has sent enforcement notices to the operators of five adult websites that the agency says have failed to implement age verification as required under France’s Security and Regulation of the Digital Space (SREN) law.

Ball & Chain Announces 2 New 'Sex Dice' Games

Ball & Chain has announced the debut of two new Sex Dice games, dropping in September.

SBJ/TAF Names John Lyons as VP of Sales, Dave McDaniel as Buyer

SBJ/TAF has named John Lyons as its vice president of sales and store standards, and Dave McDaniel as buyer for its Adam & Eve stores.

FSC: Identity Theft Targeting Adult Performers

The Free Speech Coalition has put out an alert warning of an individual found to be targeting adult performers for identity theft.

Motorbunny Relaunches 'Fluffer' App

Motorbunny has relaunched its Fluffer app.

Orion Announces Customized Marketing Solutions

Orion Wholesale has announced customizable marketing solutions for its B2B customers.

Onahole Debuts New 'KYO' Cock Ring Collection

Pleasure brand Onahole has introduced its new KYO line of cock rings.

Deviate Launches Adult Industry Graphics Company Gala Design

Pleasure brand Deviate Network has incorporated its graphics department as its own adult industry-focused design company, Gala Design.

Orion Debuts New Styles From 'Svenjoyment' Line

Orion Wholesale has released four new styles from its Svenjoyment line.

Monster Cocks Debuts 'Screamer' Dildo

Pleasure brand Monster Cocks has introduced its new dildo, the Screamer.

Show More