ACLU Seeks to Defend Virtual Child Porn

WASHINGTON, D.C. — The American Civil Liberties Union has come under attack for seeking First Amendment protection for virtual child porn, in which actors or characters appearing to be underage are exhibited in a sexual manner.

Citing 2002’s Ashcroft vs. Free Speech Coalition, in which, among other things, the Supreme Court ruled that creating virtual child porn was protected under the First Amendment, the ACLU is protesting a bill being shepherded through Congress by Senator Orrin Hatch and Congressman F. James Sensebrenner that would create mandatory sentencing for people who distribute such material.

The ACLU often has irritated liberal adherents by siding with organizations such as the National Man Boy Love Association and the Ku Klux Klan when those groups have sued to assemble or to publish their views.

ACLU lawyers filed an amicus brief in the 1982 Supreme Court child pornography case, New York v. Ferber. The case sought to legalize the sale and distribution — but not the production — of child pornography. The Court unanimously decided that child pornography was not worthy of protection.

Prior to the current 2257 controversy, the ACLU’s Barry Lynn in 1985 told the Senate Judiciary Committee that requiring porn producers to maintain records of their performers' ages was impermissible. "If there is no federal record-keeping requirement for the people portrayed in Road and Track or 'Star Wars,’" he said, "there can be no such requirement for Hustler or ‘Debbie Does Dallas.’”

ACLU critics say the organization cannot see the forest for the trees.

According to StoptheACLU.com editor Jay Stephenson, “How can one argue this sick, twisted view in the name of protecting civil liberties?"

According to its website, "The ACLU believes that the First Amendment protects the dissemination of all forms of communication. The ACLU opposes on First Amendment grounds laws that restrict the production and distribution of any printed and visual materials even when some of the producers of those materials are punishable under criminal law."

Copyright © 2026 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

Virginia Becomes Latest State to Weigh 'Porn Tax'

The Virginia House of Delegates is considering a bill that would impose a 10% tax on the gross receipts of adult websites doing business in that state.

Elizabeth Skylar Launches Production Banner on VRPorn.com

Elizabeth Skylar has launched her own virtual reality production banner on VRPorn.com.

CrakRevenue Introduces 'Trend Explorer' Feature for Affiliates

CrakRevenue has debuted the new Trend Explorer feature for its affiliates.

Tube Sites Submitter Introduces 'AI Video Description Generator' Feature

Tube Sites Submitter has introduced its new AI Video Description Generator feature for its platform.

Pineapple Support Releases End of Year Review for 2025

Pineapple Support has released its End of Year Review for 2025, detailing the organization's achievements, challenges, and new initiatives.

XBIZ Miami 2026 Lets the Good Times Roll at New South Beach Venue

Pack your favorite shades and sexiest poolside looks, because XBIZ Miami is splashing into a new hotspot — the chic Goodtime Hotel in the heart of Miami Beach — May 11–14.

UPDATED: Arcom Threatens to Block, Delist 2 Adult Sites Over AV Violation

French media regulator Arcom has sent enforcement notices to the operators of two 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.

Final Defendant Sentenced in GirlsDoPorn Case

Former adult producer Doug Wiederhold, previously a business partner of GirlsDoPorn owner Michael Pratt, was sentenced on Friday in federal court to four years in prison for conspiracy to commit sex trafficking.

FTC Takes Another Step Toward New 'Click to Cancel' Rule

The Federal Trade Commission (FTC) is negotiating the latest procedural hurdle in its effort to renew rulemaking concerning negative option plans, after a federal court previously vacated a “click-to-cancel” rule aimed at making it easier for consumers to cancel online subscriptions.

Show More