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A petition for writ of certiorari was filed with the Supreme Court on September 14, , and denied on January 11, , without comment. See also: Simulated child pornography in the United States. Referring to Ferber , the court stated that "the CPPA prohibits speech that records no crime and creates no victims by its production. Simple possession of child pornography is punishable by up to 10 years in federal prison, but does not carry a mandatory minimum term of imprisonment. Child Pornography Prevention Act of The court ruling dismissed the United States Court of Appeals for the 11th Circuit's finding the law unconstitutionally vague. The court gave a number of justifications why child pornography should not be protected, including that the government has a compelling interest in safeguarding the physical and psychological well-being of minors.

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Court of Appeals for the 3rd Circuit ruled in United States v.

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The request for en banc rehearing of United States v. Retrieved September 21, Supreme Court of the United States. However, after was amended in by the Adam Walsh Act, the court ruled that Sundance's restrictions no longer applied to the amended statute and generally ruled in the government's favor on its motion for summary judgment.

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