The pandering of child pornography selling, distributing, or conveying the impression that one possesses sexually graphic images of children for sale or distribution facilitates actual harm to children, such as molestation. Yet legislative attempts to curb pandering inevitably implicate concerns about pander ersy First Amendment rights. This Note argues that in balancing the vulnerability of children against the power of the First Amendment, the law must shift to focus more on the subject of this grievous harm children. This approach will appropriately extend protection to a subset of the population that is least able to protect itself.

Child pornography pandering provisions should shift focus from First Amendment rights to addressing the harm caused to children, rather than focusing on the First Amendment's protection of free speech.

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Protecting the Least of These: A New Approach to Child Pornography Pandering Provisions

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