THE U.S. SUPREME COURT HEARS ARGUMENT
IN THE "AMY" CASE – WHO SHOULD PAY
RESTITUTION TO A VICTIM OF CHILD PORNOGRAPHY
AND IN WHAT AMOUNT?

Last Wednesday morning, January 24, 2014, our colleague Professor Paul Cassell argued the landmark "Amy" case before the U.S. Supreme Court. The issue before the Court is whether a possessor of child sex abuse images of "Amy", which are widely circulated on the Internet, is responsible to the victim in restitution and, if so, in what amount. The Supreme Court argument is the culmination of five years of litigation by Professor Cassell and our colleague James R. Marsh, one of the country’s leading advocates for victims of child pornography. We are proud to have worked on and contributed to this groundbreaking matter. 

Here are links to several of the many news reports on the oral argument:

As the news reports and transcript of the argument show, the Justices acknowledged the novelty and difficulty of the issues posed by the case. It is difficult to predict how a majority will ultimately rule. We expect a decision in late spring or early summer.

The case marks the first time that a crime victim has been given standing to argue on her own behalf in the Supreme Court.

Regardless of the outcome, the case has served to educate the Judiciary and the public about this very significant and growing social problem, which is destroying the lives of children and families all over the world. We hope that the case will induce changes in law and public policy needed to protect these particularly vulnerable child-victims, who are unable to vote or otherwise speak for themselves. We continue to represent “Amy” and other victims of child pornography and child sex abuse.

Freeman Lewis LLP is a boutique firm focusing on employment law, victims' rights, securities arbitration, white-collar criminal law, commercial litigation, and ERISA litigation. For more information, visit http://www.freemanlewis.com.