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Penny Nance Responds to Spurious Claims by Senator Jon Tester’s Campaign

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Concerned Women for America (CWA) has spent the last 30 plus years as the protector of children and families against the evil of child pornography as well as against obscenity and indecency. We have gone to great effort and expense to work in both the states and Washington to 1) advocate good public policy and 2) force the Department of Justice (DOJ) to do their job in enforcement.

Tester’s response show’s their ignorance of the issue. In their effort to do slimy opposition research, they didn’t take the time to check their facts. CWA’s concern with the bill in question was the provision that further codified the Ashcroft v Free Speech Coalition decision and created an affirmative defense that makes it more difficult for the prosecution of pedophiles. The practical reality of this bill’s language is that all over the nation, in order prove that the pictures are of real children, sometimes prosecutors have to show birth certificates. Sometimes this is difficult to do because they either don’t know the kids or it’s really tramatic because the children in question are now adults and have to be reminded of the assault all over again.

Other members of the coalition against pornography worked with us, including two former DOJ officials who worked in this area of the law. Unfortunately, history tells us that Jan LaRue was right in her predictions.

Senator Jon Tester’s campaign lied when they accused us of not protecting children. He needs to apologize or keep hearing from me for months to come. This is an attack on the very character of our organization. I have no choice but to fight back. We won’t be bullied.

Below is a longer legal brief that Jan wrote on this bill with Bruce Taylor, Chief Counsel, National Law Center for Children and Families and Former Senior Trial Attorney for DOJ Child Exploitation and Obscenity Section. Also on the brief is Pat Trueman, former Chief DOJ Child Exploitation and Obscenity Section.

Memorandum of Law on House Bill to enact the “Child Obscenity and Pornography Prevention Act of 2002”

S 151: “The Protect Act”: Virtually Legalizing Virtual Child Porn