The provision of the Constitution that federal statutes regulating pornography are most likely to be in danger of contravening is the First Amendment's provision that "Congress shall make no law ... abridging the freedom of speech, or of the press." Although pornography in general is protected by the First Amendment, two types of pornography—obscenity and child pornography—are not. Therefore, pornography that does not constitute obscenity or child pornography may ordinarily be regulated only with respect to its time, place, and manner of distribution. Obscenity and child pornography, however, being without First Amendment protection, may be totally banned on the basis of their content, not only in the absence of a compelling governmental interest, but in the absence of any evidence of harm. To be obscene, pornography must, at a minimum, "depict or describe patently offensive 'hard core' sexual conduct." The Supreme Court has created a three-part test, known as the Miller test, to determine whether a work is obscene. The Supreme Court has allowed one exception to the rule that obscenity, as defined by Miller , is not protected under the First Amendment. Prior to April 1988, it banned both obscene and indecent dial-a-porn in interstate commerce and foreign communications, but only if it involved persons under eighteen. However, the following federal statutes prohibit, among other things, obscenity on federal land or in federal buildings, in the mail, on radio and television, in interstate or foreign commerce, and on interstate highways and railroads even when the obscene material is transported intrastate. 109 - 248 (2006), § 506, makes it a crime knowingly to "produce[ ] with the intent to transport. Section 1467

This section provides for criminal forfeiture in obscenity cases. The Communications Decency Act of 1996, P.L. § 223(d)

Prior to its amendment by § 603 of the PROTECT Act, § 223(d) made it a crime knowingly to use "an interactive computer service to send to a specific person or persons under 18 years of age, or ... to display in a manner available to a person under 18 years of age, any ... communication that, in context, depicts or describes, in terms patently offensive as measured by contem porary commun ity standards, sexual or excretory activities or organs .... " (italics added) This prohibition seems equivalent to a prohibition of "indecent" material, but § 223(d) does not use the word "indecent," a fact of which the Supreme Court took note in Reno when it held § 223(d) unconstitutional. G. Children's Internet Protection Act

The Children's Internet Protection Act (CIPA), P.L. 2763A-335, amended three federal statutes to provide that a school or library may not use funds it receives under these statutes to purchase computers used to access the Internet, or to pay the direct costs of accessing the Internet, and may not receive universal service discounts (other than for telecommunications services), unless the school or library enforces a policy "that includes the operation of a technology protection measure" that blocks or filters minors' Internet access to visual depictions that are obscene, child pornography, or "harmful to minors"; and that blocks or filters adults' Internet access to visual depictions that are obscene or child pornography. The sections of CIPA (1711 and 1712) that require schools and libraries to block or filter if they use federal funds for computers or for Internet access, provide that the blocking or filtering technology may be disabled "to enable access for bona fide research or other lawful purpose." In 2003, the Supreme Court reversed the district court, finding CIPA constitutional. M. RICO

The Federal Racketeer Influenced and Corrupt Organizations Act (RICO) was amended in 1984 to add the obscenity crimes specified in 18 U.S.C.
The First Amendment provides: "Congress shall make no law ... abridging the freedom of speech, or of the press." In general, the First Amendment protects pornography, with this term being used to mean any erotic material. The Supreme Court, however, has held that the First Amendment does not protect two types of pornography: obscenity and child pornography. Consequently, they may be banned on the basis of their content, and federal law prohibits the mailing of obscenity, as well as its transport or receipt in interstate or foreign commerce.
Most pornography is not legally obscene; to be obscene, pornography must, at a minimum, "depict or describe patently offensive 'hard core' sexual conduct." The Supreme Court has created a three-part test, known as the Miller test, to determine whether a work is obscene. Pornography that is not obscene may not be banned, but may be regulated as to the time, place, and manner of its distribution, particularly in order to keep it from children. Thus, the courts have upheld the zoning and licensing of pornography dealers, as well as restrictions on dial-a-porn, nude dancing, and indecent radio and television broadcasting.
Federal statutes, in addition to making it a crime to mail obscenity or to transport or receive it in interstate or foreign commerce, provide for criminal and civil forfeiture of real and personal property used in making obscenity pornography, and of the profits of obscenity—in some instances even when they were already used to pay a third party. In addition, obscenity crimes are included among the predicate offenses that may give rise to a violation of the Federal Racketeer Influenced and Corrupt Organizations Act (RICO).
The Internet has given rise to three federal statutes designed to protect minors from sexual material posted on it. The Communications Decency Act of 1996 makes it a crime knowingly to use a telecommunications device (telephone, fax, or e-mail) to make an obscene or indecent communication to a minor, or knowingly to use an interactive computer service to transmit an obscene communication to anyone or an indecent communication to a minor. In 1997, however, the Supreme Court held the inclusion of "indecent" communications in this statute unconstitutional. In 1998, Congress, in response, enacted the less-broad Child Online Protection Act (COPA), but it was also held unconstitutional and never took effect. Finally, the Children's Internet Protection Act (CIPA), enacted in 2000, requires schools and libraries that accept federal funds to purchase computers or Internet access to block or filter obscenity, child pornography, and, with respect to minors, material that is "harmful to minors." Filters may be disabled, however, "for bona fide research or other lawful purpose." In 2003, the Supreme Court held CIPA constitutional.