Free Speech Coalition v. Reno

WARDLAW, Circuit Judge,

with whom O’SCANNLAIN and T.G. NELSON, Circuit Judges, join, dissenting from denial of rehearing en banc:

I respectfully dissent from the order denying the petition for rehearing en banc. The divided panel decision warranted this Court’s en banc attention because it.creates a conflict with our sister circuits on an issue of exceptional importance.

The conflict? The panel majority struck down the provisions of the Child Pornography Prevention Act of 1996 (“CPPA”) that criminalize visual depictions that “appear to be” or “convey the impression” of child pornography. See…