William Rehnquist

“ In X-Citement Video, supra, we faced a provision of the Protection of Children Against Sexual Exploitation Act of 1977, the precursor to the CPPA, which lent itself much less than the present statute to attributing a “knowingly” requirement to the contents of the possessed visual depictions. We held that such a requirement nonetheless applied, so that the Government would have to prove that a person charged with possessing child pornography actually knew that the materials contained depictions of real minors engaged in sexually explicit conduct. ”

“ The mere possession of materials containing only suggestive depictions of youthful looking adult actors need not be so included.
In sum, while potentially impermissible applications of the CPPA may exist, I doubt that they would be “substantial ... in relation to the statute’s plainly legitimate sweep.” Broadrick, 413 U.S., at 615. The aim of ensuring the enforceability of our Nation’s child pornography laws is a compelling one. ”

“ Of course, even the narrow class of youthful looking adult images prohibited under the CPPA is subject to an affirmative defense so long as materials containing such images are not advertised or promoted as child pornography. ”