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with A.M. Costa Rica wire services WASHINGTON. D.C. — The U.S. Supreme Court agreed Tuesday that part of a law designed to prevent child pornography was overbroad and unconstitutional. Six members of the court supported the decision. Sandra Day O’Conner came down on both sides of the case. And two justices dissented. The case involved the Child Pornography Prevention Act of 1996 which prohibited, among other things, pornographic images made using actual children but also "any visual depiction, including any photograph, film, video, picture, or computer or computer-generated image or picture" that "is, or appears to be, of a minor engaging in sexually explicit conduct." That part of the law was challenged by the Free Speech Coalition, a creation of an adult-entertainment trade association, which said that the phrase "or appears to be" is overbroad, vague and chills works that are protected by the First Amendment’s free speech clause. A trial court upheld the law. But the Ninth Circuit appeals court said the pornography act was overbroad because it bans materials that are neither obscene nor produced by the exploitation of real children, which are two key elements for the law. |
The federal government argued that
there was value in prohibiting even computer-generated child pornography
that does not involve real children.
But Justice Anthony M. Kennedy said in the majority opinion that "The argument that virtual child pornography whets pedophiles' appetites and encourages them to engage in illegal conduct is unavailing because the mere tendency of speech to encourage unlawful acts is not a sufficient reason for banning it" Kennedy said the law would call into question legitimate educational and artistic depictions of teen sex, such as in classic paintings, books, films, and plays by Shakespeare. For the dissenting justices, Chief Justice William Rehnquist wrote that modern computer-generated images are indistinguishable from images of actual children having sex, which are illegal. He also wrote that the aim of ensuring child pornography laws are enforced is a compelling one. U.S. Attorney General John Ashcroft said he is disappointed with the high courts decision, adding that it will make the Justice Department fight against child pornography more difficult. But Ashcroft said he will not be deterred from protecting children from pornographers. He promised to work with Congress on new laws that will withstand a Supreme Court challenge. |
White House denies
U.S. aided coup try By the A.M. Costa Rica wire services
WASHINGTON, D.C. —U.S. officials explicitly told Venezuelan opposition leaders Washington would not support a coup against President Hugo Chavez, said a White House spokesman. The White House also said Tuesday that Venezuela's political situation should be resolved peacefully, democratically and constitutionally by its own people. White House spokesman Ari Fleischer spoke to reporters after The New York Times reported Tuesday morning that high U.S. officials had actively encouraged the plotters. Several Internet publications have said the United States provided assistance to the plotters, including access to Navy and military communication intercepts. A Washington-based intelligence critic also said the United States used bases in Colombia to support the coup. President Chavez was restored to power Sunday after a two-day military coup. He is calling for national reconciliation. He has met with numerous representatives to start a national dialogue. The Secretary-General of the Organization of American States, Cesar Gaviria, met Tuesday with Chavez to discuss the latest political developments and how the OAS can help strengthen Venezuela's democracy. In Washington, Senate Democrats are criticizing the Bush Administration for its handling of the Venezuelan situation, saying officials should have moved more quickly to denounce the brief ouster. The administration had blamed Chavez for creating the conditions which lead to his short-lived ouster. Meanwhile, the U.S. State Department is citing Venezuela's "volatile political and security situation" in a new warning against travel there by U.S. citizens. U.S. Embassy personnel in non-emergency positions, and family members, have also been given permission to leave. The State Department says there have been reports of attacks on U.S. citizens, and it warns that looting and violent clashes could occur at any time. The ouster of President Chavez followed a general strike in support of dissident workers at Venezuela's state-run oil company. The workers walked off the job to demand the resignation of board members Chavez appointed in February. Venezuela is the world's fourth leading oil exporter, pumping more than two-point-four-million barrels daily. The country ships nearly one-million barrels to the United States each day. Government officials say businessman Pedro Carmona, who briefly claimed the presidency, will face charges of rebellion. He is now under house arrest. Jamaican cabinet
By the A.M. Costa Rica wire services KINGSTON, Jamaica — The prime minister has re-shuffled his cabinet following the resignation of Minister of Water and Housing Karl Blythe. Prime Minister P.J. Patterson Monday named Donald Buchanan, formerly the Minister of Labor and Social Security, to replace Blythe. Deputy Transport Minister Dean Peart will replace Buchanan, and Fenton Ferguson will move from the agriculture ministry to fill Peart's former position. Blythe resigned last week following reports of irregularities in the
financing of a national housing program.
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Child-abduction case
figure to fight By the A.M. Costa Rica staff A U.S. citizen arrested last Dec. 12 on a Stateside child abduction charge has now decided to fight his extradition. The man, Michael W. Louis still is in San Sebastian prison but he has retained lawyers of the North American Consul for Justice, a San José organization that tries to help men in such legal difficulties. That was the word Tuesday from Ralph Stumbo, who founded the organization because he also is involved in a child custody dispute. Stumbo said that at a penal court hearing for Louis Monday, the organization’s lawyers presented themselves to be accepted by the court as the man’s legal representation. In addition, the lawyers have filed a motion for help from the Costa Rican Supreme Court, claiming that the man has been held illegally because he has not violated any Costa Rica laws, said Stumbo. Louis, a lawyer, is from Springfield, Ill., and he brought his two daughters, 6 and 8, to Costa Rica Oct. 19 without the consent of his wife, who has custody, the U.S. federal government charges. The pair are separated, and Louis has visitation rights. Former president
By the A.M. Costa Rica wire services GUATEMALA CITY, Guatemala — The family of former Guatemalan President Ramiro de Leon Carpio says he has died. The cause of death is unknown, but members of his family say he may have succumbed while in a diabetic coma. He was 60 years old. The body of de Leon Carpio was found Tuesday in his Miami apartment. Family members had asked authorities to check on him after they were unable to reach him for several days. His family says he traveled to Florida last week to attend various meetings. Guatemala's Congress named de Leon Carpio president in 1993. The previous leader, Jorge Serrano, fled the country after trying to dissolve Congress and the Supreme Court. De Leon Carpio made significant progress in boosting human rights in Guatemala and his government signed several accords with rebels. His successor, Alvaro Arzu, became Guatemala's leader in 1996 and signed peace accords later that year that ended more than 30 years of civil war in Guatemala. Last month, de Leon Carpio withdrew from the ruling Guatemalan Republican Front party, saying he was concerned by charges of government corruption. Guatemala's President Alfonso Portillo has announced three days of national mourning for Mr. de Leon Carpio. Pastrana adds voice
By the A.M. Costa Rica wire services BOGOTA, Colombia — Colombian President Andres Pastrana is urging the U.S. Congress to let his government use more than $1 billion in U.S. anti-drug aid to fight armed leftist rebels. President Pastrana issued his call Monday in an opinion piece published by The Washington Post newspaper. Pastrana is preparing to meet with President Bush and U.S. lawmakers in Washington later this week for talks on drug trafficking and terrorism. Pastrana said three years of negotiations with Colombian rebels have not brought an end to the country's 38-year civil war, which pits the insurgents against the government and a right-wing paramilitary group. The Colombian leader also said the rebels are inflicting damage and death everyday in Colombia and that his country needs more U.S. intelligence assistance to prevent new acts of terror. In February, President Pastrana ended peace talks with his nation's largest rebel group, the Revolutionary Armed Forces of Colombia. Since then, rebel attacks have increased throughout the country. In recent weeks, several senior Bush administration and military officials have been urging the U.S. Congress to lift the legal barriers that prevent Colombia from using U.S. anti-narcotics aid to fight rebels. Some U.S. lawmakers, however, fear a policy shift could lead to greater U.S. involvement in Colombia's civil war, which has left at least 40,000 people dead in the past decade alone. |
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