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

Honey Play Box Debuts 'Tressa' Vibrator

Honey Play Box introduced its new Tressa multi-stimulation, app-enabled vibrator.

Blush Debuts 2 New Glass Plugs From 'Oh My Gem' Collection

Blush has introduced two new glass plugs, Lustre and Prestige, from its Oh My Gem collection.

EP Products Founder Don Wilson Passes Away

Don Wilson, the founder of EP Products and a notable figure in Canada's adult retail community, has passed away.

Orion Debuts 'Your Strap-On' Collection From 'You2Toys' Line

Orion Wholesale has introduced the Your Strap-On collection from its You2Toys line.

Stephen Colbert Takes Aim at Texas' Crackdown on Sex Toys

Stephen Colbert is cracking up over Texas lawmakers’ crackdown on sex toys in the state.

XR Brands 'Silicone Body Forms' Highlighted at Paris Fashion Week

XR Brands’ Ripped Silicone Male Chest and Perky Pair Silicone Breasts were highlighted at 2025 Paris Fashion Week.

Age Verification Watch: Patching the Holes

This roundup provides an update on the latest news and developments on the age verification front as it impacts the adult industry.

Eye of Love Introduces 'Matchmaker Collection' Planogram

Eye of Love has debuted a new display planogram for its Matchmaker Collection of pheromone-infused scents.

Fleshlight Debuts Taylor Vixxen Stroker

Fleshlight has introduced its new Pro stroker, molded on the anatomy of Taylor Vixxen.

Orion Expands 'LateX' Collection With 2 New Outfits

Orion Wholesale has added two new outfits to its LateX collection of fetish apparel.

Show More