The Supreme Court agreed Monday to consider reviving part of a new federal law that makes it a crime to send computer messages that offer child pornography, even when no pornography exists.Last year, a federal appeals court in Atlanta struck down the provision on free-speech grounds and said it reached too far. The judges said the law could be read to make it illegal for a grandparent to send a message that said, "Good pics of kids in bed," when he was referring to innocent photos of his grandchildren in their pajamas.
But Justice Department lawyers called that example far-fetched, and said it should not stand in the way of a needed measure to combat trafficking in child pornography.
The court voted to hear the government's appeal, although arguments in the case will not be heard until the fall.
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