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1 Justice White recognized and classified child pornography as a <br /> 2 <br /> category of material outside the protection of the First <br /> 3 <br /> Amendment . He further observed at p. 3357 , <br /> "Theve <br /> value <br /> ref reproductions permitting l <br /> of children engaged and <br /> engaged in lewd <br /> ho- <br /> tograph P <br /> s sexual conduct is exceedingly modest , if not de <br /> minimis . We consider it unlikely that visual depic- <br /> tions of children performing sexual acts or lewdly <br /> 6 exhibiting their genitals would often constitute . an <br /> important and.. necessary part of a literary perfor- <br /> 7 mance or scientific or educational work ." <br /> S Although distinguishable as a school library case , the Supreme <br /> 9 Court recently deferred to the discretion of school boards in the <br /> 10 daily operation of conduct in the schools as it related to books <br /> 11 available in the school library. Board of Education, Island Trees <br /> 12 Union Free School District No. 26 v. Pico, 73 L. Ed. 2d 435; 102 <br /> 13 S.Ct. 2799 ( 1982 ) . With respect to a challenge based upon a First <br /> 14 Amendment claim, the court pointed out that if the purpose of the <br /> 15 school board were the official suppression of ideas , then First <br /> 16 Amendment rights would be violated . However , other purposes such <br /> 17 as "educational suitability" in the view of the school board, <br /> 18 including removal because of pervasive vulgarity would not (p. <br /> 19 450 ) . <br /> 20 The protection of children from the negative effects of por- <br /> 21 nography, both as a developmental and safety concern is surely an <br /> 22 important state interest , and in fact of compelling and surpassing <br /> 23 special interest as these related cases illustrate . <br /> 24 To what extent , it needs to be specifically shown that deviant <br /> 25 patrons , of whom there are bound to be some, present a danger to <br /> 26 children and others should be determined with the benefit of the <br /> 27 doubt to the potential victims . Sexual abuse of children and <br /> 28 adults is an extraordinary current societal problem. Protection <br /> 29 by the city of this segment of its public and the anticipation of <br /> 30 a risk within the vicinity of schools , churches and residential <br /> 31 areas is to this court reasonable and the nexus between crime and <br /> 32 <br /> 33 <br /> MEMORANDUM DECISION - 10 <br /> 1 <br />