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Sometimes, Phil Burress wonders whether his faith in John Ashcroft was softball-bats.us years ago, the anti-porn activist was looking to. When Attorney General John Ashcroft was lampooned for shrouding the the land, anti-porn advocates are deeply disappointed with the Bush. The law, the Child Pornography Prevention Act of , ''prohibits speech Attorney General John Ashcroft said that the court's decision would.

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The district court disagreed, adding that the overbreadth claim was specious as it was "highly unlikely" that any "adaptations of sexual works like Romeo and Juliet Ultimately, the Supreme Court agreed with the Ninth Circuit. Opinion[ edit ] "Congress shall make no law The Court concluded that the "CPPA prohibits speech despite its serious literary, artistic, political, or scientific value.

This is inconsistent with an essential First Amendment rule: The artistic merit of a work does not depend on the presence of a single explicit scene. Laws prohibiting the distribution and possession of child pornography ban speech because of the manner in which it is produced, regardless of its serious literary or artistic value.

But speech prohibited by the CPPA "records no crime and creates no victims by its production. Ferber expressly allowed virtual child pornography as an alternative that could preserve whatever literary value child pornography might arguably have while at the same time mitigating the harm caused by making it. The CPPA would eliminate this distinction and punish people for engaging in what had heretofore been a legal alternative.

The Government countered that without the CPPA, child molesters might use virtual child pornography to seduce children. But "there are many things innocent in themselves, however, such as toys, movies, games, video games, candy, money etc. Although the CPPA's objective was to prohibit illegal conduct, it went well beyond that goal by restricting speech available to law-abiding adults.

And if the goal was to eliminate the market for all child pornography, the Court ruled that the government could not accomplish that goal by eliminating lawful speech in the process. The burden should not, however, fall on the speaker to prove that his speech is lawful, instead of on the government to prove that it is not.

He had argued that Ashcroft, who is not an accountant, was not qualified to be the State Auditor. During his service, Ashcroft shared an office with Clarence Thomasa future U. Supreme Court Supreme Court Justice. InThomas administered Ashcroft's oath of office as U. InDanforth was elected to the U. Senateand Ashcroft was elected to replace him as State Attorney General. InAshcroft was re-elected with Supreme Court Case Sony Corp.

Universal City Studios, Inc. Bush in Ashcroft's official portrait as governor Ashcroft was elected governor in and re-elected inbecoming the first and, to date, the only Republican in Missouri history elected to two consecutive terms. Bush in rocking chair is reading Brown Bear, Brown Bear to the children. Inhis opponent was the Democratic Lt. The campaign was so negative on both sides that a reporter described the contest as "two alley cats [scrapping] over truth in advertising".

In his campaign, Ashcroft contrasted his rural-base against an urban-based opponent from St. Democrats did not close ranks on primary night.

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The defeated candidate Mel Carnahan endorsed Rothman. In the end, Ashcroft won 57 percent of the vote and carried counties—then the largest Republican gubernatorial victory in Missouri history. Ashcroft received 64 percent of the vote in the general election—the largest landslide for governor in Missouri history since the U. As governor, Ashcroft helped enact tougher standards and sentencing for gun crimes, increased funding for local law enforcement, and tougher standards and punishment for people bringing guns into schools.

While Ashcroft was in office: Missouri was above average in the length of time criminals had to serve for all sentences according to Gail Hughes, deputy director for the state Corrections Department, citing the yearbook published by the Criminal Justice Institute. The national average for time served for all crimes was According to the U.

The number of juveniles arrested for committing a crime increased by Though Ashcroft initially opposed the legislation as governor,[ citation needed ] the Missouri legislature enacted its first hate crimes legislation.

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The legislature enacted the Missouri Victim's Bill of Rights, which allows crime victims to be informed of and present at criminal proceedings, the right to restitution, the right to protection from the defendant and the right to be informed of the escape or release of a defendant.

Senate from Missouri, again succeeding John Danforthwho retired from the position. He opposed the Clinton Administration 's Clipper encryption restrictions. Inas chair of the Senate's subcommittee on patents, he helped extend patents for several drugs, most significantly the allergy medication Claritinto prevent the marketing of less-expensive generics. He said the practice was unconstitutional and that he supported legislation requiring police to keep statistics on their actions.

InAshcroft briefly considered running for U. President; but on January 5,he announced that he would not seek the presidency and would defend his Senate seat in the election. In the midst of a tight race, Carnahan died in an airplane crash two weeks prior to the election.

Ashcroft suspended all campaigning after the plane crash. Because of Missouri state election laws and the short time to election, Carnahan's name remained on the ballot. Lieutenant Governor Roger Wilson became governor upon Carnahan's death.

U.S. Anti-Porn Effort Is Found Wanting

Wilson said that should Carnahan be elected, he wanted to appoint his widow, Jean Carnahanto serve in her husband's place; Mrs. Carnahan announced that, in accordance with her late husband's goal, she would serve in the Senate if voters elected his name.

Following these developments, Ashcroft resumed campaigning. No one had ever posthumously won election to the Senate, though voters had on at least three occasions chosen deceased candidates for the House of Representatives.

In Decemberfollowing his Senatorial defeat, Ashcroft was chosen for the position of U. He was confirmed by the Senate by a vote of 58 to 42, with most Democratic senators voting against him, citing his prior opposition to using forced busing to achieve desegregationand their opposition to Ashcroft's pro-life views.

Ashcroft granted a day stay of execution for Timothy McVeighthe man convicted and sentenced to death for the bombing. One of its provisions, Sectionallows the Federal Bureau of Investigation FBI to apply for an order from the Foreign Intelligence Surveillance Court to require production of "any tangible thing" for an investigation.