264
Opinion of O'Connor, J.
fully employed this tactic. See, e. g., United States v. Fox, 248 F. 3d 394 (CA5 2001); United States v. Vig, 167 F. 3d 443 (CA8 1999); United States v. Kimbrough, 69 F. 3d 723 (CA5 1995); United States v. Coleman, 54 M. J. 869 (Army Ct. Crim. App. 2001). But, given the rapid pace of advances in computer-graphics technology, the Government's concern is reasonable. Computer-generated images lodged with the Court by amici curiae National Law Center for Children and Families et al. bear a remarkable likeness to actual human beings. Anyone who has seen, for example, the film Final Fantasy: The Spirits Within (H. Sakaguchi and M. Sakakibara directors, 2001) can understand the Government's concern. Moreover, this Court's cases do not require Congress to wait for harm to occur before it can legislate against it. See Turner Broadcasting System, Inc. v. FCC, 520 U. S. 180, 212 (1997).
Respondents argue that, even if the Government has a compelling interest to justify banning virtual child pornography, the "appears to be . . . of a minor" language is not narrowly tailored to serve that interest. See Sable Communications of Cal., Inc. v. FCC, 492 U. S. 115, 126 (1989). They assert that the CPPA would capture even cartoon sketches or statues of children that were sexually suggestive. Such images surely could not be used, for instance, to seduce children. I agree. A better interpretation of "appears to be . . . of" is "virtually indistinguishable from"—an interpretation that would not cover the examples respondents provide. Not only does the text of the statute comfortably bear this narrowing interpretation, the interpretation comports with the language that Congress repeatedly used in its findings of fact. See, e. g., Congressional Finding (8), notes following 18 U. S. C. § 2251 (discussing how "visual depictions produced wholly or in part by electronic, mechanical, or other means, including by computer, which are virtually indistinguishable to the unsuspecting viewer from photographic images of actual children" may whet the appetites of
Page: Index Previous 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 NextLast modified: October 4, 2007