Employment Relations Essay Example | Topics and Well Written Essays - 1500 words

Employment Relations - Essay Example The activities of the firm concerns with the products while the union concerns with the aspect of a service. These two goals may coincide and clash in various circumstances. To begin with, the labor unions are beneficial in protecting minority groups (Shelley & Cleveley 2007, p. 69). Minority groups offer a wide area of looking at the same. For instance, disabled individuals who take part in the labor force may experience a bias out of their scenario. If they do attain an adequate voice of addressing their concerns, large companies would assume that their companies are progressing. Apart from direct exploitation, minority groups would suffer from unintentional inadequate attention from the management. Firms may entail processes and regulations that compromise on minority workers’ situations. Trade unions are hawk eyed entities that assess companies in terms of very single operation. In certain instances, companies may have work operations that assign hectic and low paying assi gnments to certain workers. Such scenarios are handed down from previous systems and they may continue to occur under the unconsciousness of the management. An example would relate to bias against certain races in terms of job assignments. The trade unions would discover about such minority groups and investigate their plights. It is crucial to highlight that certain minority groups arise out of hypothetical situations. It might be visible after some period that minority groups develop out of departments that they work in the same. In addition, trade unions help in minimizing disputes that may arise out of workers and the employers. In this sense, the trade unions eliminate trivialities that may arise out of employees and their management. In notable instances, the management of firms may make assumptions about employees. This might relate to the view of employees as a group that operates on peer pressure. In this sense, the peer pressure would lead to unreasonable demands that push the firms out of their balance. This suggests that trade unions are intermediary rather than constraining forces to firms. It is crucial to highlight that disputes place employees out of firms. In turn, it constrains employees from growth in their careers. In addition, employers are likely to misperceive the actions of employees. Spotted employees may earn unconstructive reputation with their firms. This suggests that the affected employees are likely to receive limiting comments from their employers. In the end, it would be difficult for the employee to earn the trust of other firms. In addition, trade unions avail safe working environments for employees. The work environment might be a limited but an unsafe environment for the health of employees. The work environment should be a platform whereby both the employees and their firms respectively achieve their objectives of wages and products. In the achievement of the two divergent objectives, the work environment may digress and i njure employees. Harm is a diverse term that comprises both physical and psychological aspects. In physical harm, firms may entail work environments that injure the health of workers. For instance, there are manufacturing companies that involve in the production of harmful chemicals and products. In such a scenario, it is vital to provide protective mechanisms for workers. Alternatively, the firm would employ machinery that excludes employees from the core manufacturing processes that entail emission of toxic substances

Are zero tolerance rules the best way to keep schools safe Research Paper

Are zero tolerance rules the best way to keep schools safe - Research Paper Example Thus, the zero tolerance rules. According to Ted Watchel, zero tolerance â€Å"have become commonplace in American schools in recent decades’ (par. 3). Although many people agree to the zero tolerance rule policy in schools, this does not ensure a totally safe learning environment. This policy uses a lot of money, might be too strict on the students, and might not be too affective. Further, it is unfair to some students, and some rights might be violated by this rule. A report by Noreen S. Ahmed-Ullah states that Chicago Public Schools spent $51.4 million on school-based security guards in 2010, an amount which was fifteen times higher than that of the budget spent on college and career coaches (par. 2). But students say they did not feel any safer in their schools despite these disciplinary policies. Zero tolerance policies are ineffective and have even been harmful to students and school environments (Watchel, par. 2) because it is too strict, that even minor offenses such as not being in uniform or bringing cell phones in class, result to removal from school, instead of giving them second chances and the counsel and advice they need in order to realize their mistakes if they have committed any. According to Kristen Graham, a report stated that students in the Philadelphia District are â€Å"too often punished harshly for minor infractions, and suspensions, expulsions, and transfers to disciplinary school are overused† (par. 2). This is clearly against putting the students’ welfare first in terms of their behavioral development or improvement and putting their future at risk. Some students might not want to continue their studies after they are kicked out of school either because of shame or disappointment. This will also make the students feel that the school does not exude the image that they once have, which is an academic and learning institution where they have the freedom to enjoy their learning years. Watchel stated that the polic y is ineffective and I totally agree with him. Watchel further stated that, â€Å"The American Psychological Association Zero Tolerance Task Force issued a report in 2008 concluding that severe punishment at schools neither reduces violence nor promotes learning. The report asserts that zero tolerance can actually increase bad behavior, lead to higher dropout rates, and increase referrals to the juvenile justice system for infractions once handled in the schools†(par. 5). This clearly proves the infectivity of the policy. Sean McCollum stated that â€Å"zero tolerance policy is getting twisted in many school districts and schools are not checking to see that the policies are even working† (par. 4). The first goal of an academic institution is to promote learning. This includes learning academically and behaviorally, which means that aside from their academic development, they are also taught the value of discipline and the sense of responsibility. This can only be done in a way that the students will have to realize, without being severely punished, their mistakes and then learn from them. By punishing them harshly for even the smallest infractions, we are further pushing them away from accepting their mistakes and thus give them reasons to feel angry and resentful. This will get in the way of their academic and learning development. In its eager campaign for a safer learning environment, the policy has become unfair in its treatment of infractions. Offenses, whether major or minor are met with almost the same punishments:

Analysis of Medical Errors Research Paper Example | Topics and Well Written Essays - 3000 words

Analysis of Medical Errors - Research Paper Example   The issue is heavily laden with the emotional and fiscal burden as patients must be aware of their treatment progress and any mistakes that have been made while hospitals and doctors have a very real need to protect themselves from lawsuits and protect their credibility. At the same time, it is difficult for many doctors to have to face the fact that in the course of attempting to improve health, they may have inadvertently made it worse and then to try to communicate this failing to the patients who have trusted them. While it seems the greatest opinion among medical workers is that patients should be informed whenever mistakes have been made, the reality is that the medical profession has a large tendency to hide mistakes when possible so as to avoid unpleasantness.  Ã‚   In â€Å"Disclosing Medical Errors to Patients, †1 the authors point out the prevalence of avoidable error or ‘adverse events’ within the medical profession as being relatively high – 37 percent of the discovered cases in a Canadian study preventable. In response to this, â€Å"leaders in the patient-safety movement have called for the system defects that underlie most errors to be corrected, as well as improvement in the recognition and reporting of errors and the disclosure of harmful errors to patients and their families.†2 Benefits of full disclosure are outlined, such as patients having greater knowledge about their own treatment  and thus able to make more informed decisions and patients’ ability to participate in problem-solving techniques to prevent future errors from occurring again.  Ã‚  However, the article also points out the difficulty doctors have had in providing full disclosure.  Ã‚  

GRID (Clustered) SAN computing standards Essay Example | Topics and Well Written Essays - 2000 words

GRID (Clustered) SAN computing standards - Essay Example 2. A storage system which consists of network elements such as storage devices, computer systems, servers, control software (such as server administration and site server) that will communicate over the network. Storage networks are distinguished from other forms of network storage devices simply by their low-level access method they use and is very similar to such network devices as ATA, disk drives and SCSI hardware. Inside a storage network, the server will issue a request for specific blocks of data and this device on the storage network will then send requests across the network. In the clustered GRID infrastructure would be a series of SAN devices that would then integrate as part of the larger network in order to share the storage capabilities inside the GRID. As such, each device would then be added to the larger network that can be used by other networked devices such as a computer workstation. An example of this computing infrastructure, courtesy of Force10, shows how this cluster/GRID computing network is positioned to utilized these storage devices GRID computing is the transformation of a computer infrastructure into an integrated Virtual Organisation that allows for dynamic collaboration and the ability to share resources from anywhere in the world. This sharing provides users with an unprecedented amount of computing power, especially for those in the field of scientific investigation and collaboration in which the needs of the computer power cannot necessarily be handled by one such computer. Through integration inside the GRID of such supercomputers will enable users to access power without the need to purchase larger systems. GRID computing is based on three concepts as outlined by Reddy (2004) "as: Virtualization: severing the hard-coded association of resources to systems Resource Allocation and Management: dynamically allocating resources on demand, and managing them and finally, Provisioning: configuring resources whenever and wherever needed." (Reddy, 2004) Kalzar Amin, Gregor von Laszewski and Armin R. Mikler Kalzar, et al describe the term Grid computing as commonly referred "to a distributed infrastructure that promotes large scale resource sharing in a dynamic institutional "virtual organisation" (VO). A computational Grid forms a closed network of a large number of pooled resources providing standardized, reliable, specialized and pervasive access to high-end computational resources." Typically, in order to establish a computational Grid, several institutions pool their resources such as computational cycles, specialized software, database servers, network bandwidth, and people. As a result of this "pooling" global policies will be set for the virtual organisation which will in an essence identify each of the participating entities' roles and responsibilities, much like in a LAN server networking scenario. Each of the site institution administrators, who are generally trained as network administrators will then enforce these policies at the domain level. The GRID administrators will then provide each of the GRID users their appropriate credentials and through these credentials will the users access

Analysis of Medical Errors Research Paper Example | Topics and Well Written Essays - 3000 words

Analysis of Medical Errors - Research Paper Example   The issue is heavily laden with the emotional and fiscal burden as patients must be aware of their treatment progress and any mistakes that have been made while hospitals and doctors have a very real need to protect themselves from lawsuits and protect their credibility. At the same time, it is difficult for many doctors to have to face the fact that in the course of attempting to improve health, they may have inadvertently made it worse and then to try to communicate this failing to the patients who have trusted them. While it seems the greatest opinion among medical workers is that patients should be informed whenever mistakes have been made, the reality is that the medical profession has a large tendency to hide mistakes when possible so as to avoid unpleasantness.  Ã‚   In â€Å"Disclosing Medical Errors to Patients, †1 the authors point out the prevalence of avoidable error or ‘adverse events’ within the medical profession as being relatively high – 37 percent of the discovered cases in a Canadian study preventable. In response to this, â€Å"leaders in the patient-safety movement have called for the system defects that underlie most errors to be corrected, as well as improvement in the recognition and reporting of errors and the disclosure of harmful errors to patients and their families.†2 Benefits of full disclosure are outlined, such as patients having greater knowledge about their own treatment  and thus able to make more informed decisions and patients’ ability to participate in problem-solving techniques to prevent future errors from occurring again.  Ã‚  However, the article also points out the difficulty doctors have had in providing full disclosure.  Ã‚  

To What Extent Did The X Factor Alter The Distribution of Popular Coursework

To What Extent Did The X Factor Alter The Distribution of Popular Music - Coursework Example Over the last decade, reality shows have been the most popular programs on television. This phenomenon is not restricted to the United States or the UK, but is a universal phenomenon. There seems to be a correlation between the emergence of reality TV as a force, and the universal uptake of the internet (Butje, 2005). The X-Factor provides an interesting case study relating to the impact of reality TV on the lifestyle of people across the world. The show started in the UK and then spread to other countries. There are various franchises of the show in different countries across the world. The goal of this paper is to examine the impact of the X-Factor on the distribution of popular music. The best records relating to the show come from the UK since this is where the show has been running for the longest time. The other significant market for the show is the United States. This paper will focus on the impact of the show on distribution of music in the UK. ... In both shows, the participants undergo a series of auditions before reaching the screening stages where the finalists come up for intensive training and competition during the show. The basic idea behind the naming of the program and its whole gist is the discovery of the â€Å"X factor† that makes a musician tick. The show aims at discovering this intangible and indescribable factor in the contestants. b. Production Stages The show progresses through five stages. In the first stage, the producers carry out the primary auditions and gives contestants who will meet senior producers a â€Å"golden ticket†. The senior producers further identify contestants who proceed to the second stage. At the second stage, the judges audition the participants and classify them into three – the good ones who proceed to the next stage, the bad ones who are poor at singing, and the bizarre ones. This last category refers to those who stand out in some way that is neither good nor b ad. The successful contestants go through further processing at the â€Å"boot camp† and then at the judges houses where the judges get an opportunity to mentor them. Those who pass these two stages successfully proceed to the final stage that forms the main part of the TV show. It is at the end of this final stage that the show picks its winner. c. Key Players The most influential person in the X-Factor show is Simon Cowell. Cowell was part of the team that produced Pop Idol in America. He left the Pop Idol production team in order to start the X-Factor in the UK. Cowell is currently part of the inaugural team of judges in X-Factor USA. The other key personalities in X-Factor are the judges. Each season has a set of judges to take the show through. This makes them very influential

Adapting the Law to the Online Environment Essay Example for Free

Adapting the Law to the Online Environment Essay Formulating unique conception of the Web in â€Å"Weaving the Web† Berners-Lee emphasized that the intention was to create a system with â€Å"one fundamental property: it had to be completely decentralized.† In the vision of Berners-Lee: â€Å"That would be the only way a new person   somewhere could start to use it [the Web] without asking for access from anyone else†[1]. In the initial years of the Web’s functioning, Berner-Lee’s ideal of a highly decentralized universal system has been shared by tens of millions of people around the world who have appreciated and marveled at an invention that makes it unexpectedly easy for anyone with a computer to connect with anyone else with a computer, anywhere in the world, and to store and send information almost at will. But the Internet and the Web have also moved to the center of attention for governments, business leaders, lawyers and judges, police forces and military establishments, and anyone else dependent on the rule of law and authority structures in modern society. This is a result of the ability and tendency of Internet users to simply skirt or leap over many of the rules and institutions designed to maintain order in the pre- Internet world. Previously designed rules and legal structures enacted for slower-paced, relatively public tangible transactions in a world rimmed everywhere with borders (local, provincial, national) suddenly were challenged as never before when the Internet made it physically conceivable to carry out transactions of almost any kind in a manner simultaneously immediate, anonymous, inexpensive, and seemingly borderless. However, the process of certain democratization, overcriminalization and simply lazier-affair went beyond predictable limits – internet identity theft, credit card fraud, controversies with gambling and online porn reveal significant need to adapt the law to online environment, to analyze the specifics of cyber crimes and to create effective regulatory norms. Traditional Crime and Cyber Crime: Defining Boundaries From the primary perspective, the Internet imitates and, in most cases, runs parallel to what is often happening in normal life, therefore, it is no wonder that the law had to take account of this new parallel of real life. Hence the frequent appeals for â€Å"cyberlaw† or â€Å"cyberspace law.† Simultaneously, the imitation of life by the Internet does not completely transcend existing forms of activities in their entirety. Thus while electronic forms of information are the hallmark of the Internet and tend to undermine tangible media, or even render them obsolete, prior forms of information may coexist alongside them, albeit uneasily and suffering permanent corrosion. In so far as it is not possible to divine the extent to which the Net will generate parallel or independent forms of activity, the development of the appropriate law cannot be predictable. One has to determine in each specific sphere of activity how far the parallels go and how big or small the change over the normal may have been before working out the legal response. Consequently, the lack of time or resources cannot be the main reasons for the non-development of Internet law, as Edwards and Waelde suggest[2], although they recognize, somewhat indirectly that the Internet is still developing and so must the Internet law. Edwards and Waelde view â€Å"Internet Law† as being a result of (the usual) adaptation process that the law undergoes to catch up with new technological phenomena. They regard Internet Law as a necessity, contrary to the â€Å"core pragmatic† perception of those they refer to as looking upon the Internet as law-free.[3] And although the regulation of Internet content, transactions and activities seems to be logical and self-evident, the problems start appearing from the very definition of cyber crime. Black’s Law Dictionary defines a â€Å"crime† as a â€Å"social harm that the law makes punishable; the breach of a legal duty treated as the subject-matter of a criminal proceeding.†[4] Anglo-American crim ­inal law has for centuries possessed a set of definitions of â€Å"crimes† that encompass the varied categories of social harms humans can inflict on one another, for instance homicide, rape, robbery, arson, vandalism, fraud, child abuse, etc. According to Susan Brenner, crimi ­nal law does not typically differentiate offenses based upon the instrumentalities that are used in their com ­mission; we generally do not, for example, divide homi ­cide into â€Å"murder by gun,† â€Å"murder by poison,† â€Å"mur ­der by strangulation† and so on.[5] As Brenner points out, criminal law does treat the use of certain instrumentalities as â€Å"aggravat ­ing factors,† the use of which can result in an enhanced sentence upon conviction; this is how criminal law gen ­erally deals with using a firearm or other dangerous in ­strumentality in the commission of a crime.[6] This approach could, perhaps, have been taken with regard to cyber crime; we could simply define hacking as a type of trespass, analogous to real-world trespass. The â€Å"crime† of real-world trespass is gaining access to a physical space a building or a parcel of land without authorization. We could have pursued hacking in an analogous fashion, perhaps prosecuting it as tres ­pass and then characterizing the use of computer tech ­nology as an aggravating factor.[7] However, that is not the approach the law has taken and is tak ­ing to the use of computer technology to inflict social harms. What is emerging is a division between tradi ­tional crimes (trespass, burglary, theft, stalking, etc.) and cyber crimes. The latter encompass the use of com ­puter technology to commit either (a) social harms that have already been identified and outlawed generically (trespass, burglary, theft, stalking, etc.) or (b) new types of social harm that do not fall into traditional â€Å"crime† categories. It is necessary to adopt cyber crime-specific laws for the first category of conduct because, as Brennan’s hacking-trespass example illustrates, computer tech ­nology can be used to commit social harms in ways that do not fit comfortably into our existing offense categories. Another Brennan’s example of a denial of service attack[8] simply eludes conventional crimi ­nal law: it is not theft; it is not extortion; it is not black ­mail; it is not vandalism or trespassing or any other â€Å"crime† that has so far been defined. We must, therefore, define new â€Å"cyber crimes† to encompass denial of service attacks and other â€Å"new† varieties of criminal activity. In conceptualizing the varieties of cyber crime, it is helpful to divide them into three categories offered by Marc Goodman: crimes in which the computer is the target of the criminal ac ­tivity, crimes in which the computer is a tool used to commit the crime, and crimes in which the use of the computer is an incidental aspect of the commission of the crime.[9] When a computer is the target of criminal activity, the perpetrator attacks an innocent user’s computer or computer system either by gaining unlawful access to it or by bombarding it from outside. Cybercrimes that fall into this category include simple hacking (gaining access to a computer system or part of a computer system without autho ­rization) and aggravated hacking (gaining access to a computer system or part of a computer system without authorization for the purpose of committing a crime such as copying or altering information in the system). The target cybercrimes also include denial of service attacks and the dissemination of viruses, worms and other types of malware. The cyber crimes in this cate ­gory tend to be â€Å"new† crimes and therefore generally require new legislation. A computer or computer system can also be the in ­strument that is used to commit what is essentially a traditional crime. Cybercrimes in which a computer is the tool used to carry out criminal activity include online fraud, theft, embezzlement, stalking and harass ­ment, forgery, obstruction of justice and the creation or dissemination of child pornography. These are conven ­tional crimes, but it may be difficult to prosecute online versions of these crimes using existing substantive law; a jurisdiction’s theft statute may not, for example, en ­compass a â€Å"theft† of intangible property when the theft consists of copying the property, instead of appropri ­ating it entirely. In State v. Schwartz, Oregon State of Appeal held that â€Å"†¦by copying the passwords, defendant stripped them of their value.†[10] Jurisdictions may therefore find it necessary to amend their existing substantive criminal law to ensure that it can be used against these cy ber crime variants of tradi ­tional crimes. The last category consists of cyber crimes in which the use of a computer or computer system is incidental to the commission of the crime. This category includes, for example, instances in which a murderer uses a com ­puter to plan a murder or lure the victim to the murder scene; it can also include a blackmailer’s using a com ­puter to write extortion letters to his victim or a drug dealer’s using a computer to monitor his sales, inventory and profits. Here, the computer is merely a source of evidence and new substantive criminal legislation is generally not needed. The cases in this category can, however, require new law to resolve procedural issues such as the processes used in gathering evidence of cyber crimes. The basic federal cyber crime provision is 18 U.S. Code  § 1030; among other things, it criminalizes hacking, cracking, computer fraud and the dissemination of viruses, worms and other types of malware. The statute accomplishes this by directing its prohi ­bitions at conduct that targets a â€Å"protected computer† and then defining â€Å"protected computer† as a computer encompassed by federal jurisdiction.[11] Section 1030 defined a â€Å"protected computer† as either (a) a computer used exclusively by a financial institution or the federal government or used nonexclusively by a financial institution or the federal govern ­ment if the conduct constituting the crime affects its use by the financial institution or federal government; or (b) a computer used in interstate or foreign commerce or communication.[12] The notion of basing the statute’s prohibitions on conduct directed at a â€Å"protected computer† was introduced when  § 1030 was a mended in 1996; until then, it criminalized con ­duct that was directed at â€Å"federal interest computers,† i.e., computers used by the federal government or lo ­cated in more than one state.[13] The 1996 amendment broadened  § 1030’s reach; it now encompasses conduct directed at any computer con ­nected to the Internet. In 2001, the Patriot Act amended  § 1030 to make it clear that the statute can be used to prosecute criminal conduct which occurred outside the United States, a position the Department of Justice had long taken, for instance in case United States v. Ivanov. The Patriot Act expanded the definition of a protected computer to include com ­puters used in interstate or foreign commerce that are located outside the United States if they are â€Å"used in a manner that affects interstate or foreign commerce or communication of the United States.†[14] Problematic Aspects: Copyright, Child Pornography, Identity Fraud in Internet In order to address the problems in regulation of online environment more effectively, this paper aims to focus on several most problematic aspects of the issue – copyright violations, child pornography and identity theft or credit card fraud. Defined by Culberg, copyright is â€Å"a legal device giving the author (or holder of the copy ­right) the exclusive right to control the reproduction of his or her intellectual creation† for a specific period of time.[15] Copyright law in the United States derives from the U.S. Constitution and is therefore exclusively federal; states do not have the authority to legislate in this area.[16] Defenses to a charge of criminal copyright infringe ­ment are, first, that the offense cannot be prosecuted be ­cause the five year statute of limitations has run.[17] Other defenses are the â€Å"first sale† doctrine and an argument that the defendant did not act â€Å"will ­fully.† The first sale doctrine lets one who purchased a copyrighted work freely distribute the copy she bought.[18] Under the doctrine, however, the purchaser can only distribute the copy she bought; she cannot copy the purchased item and distribute the copies.[19] Since most computer software is distributed through licensing agreements, the first sale doctrine typically does not apply when someone is charged with software piracy.[20] With regard to the claim that a defendant did not act â€Å"willfully,† there is some ambiguity as what is required to show â€Å"willfulness.† Courts disagree as to whether it requires an â€Å"intent to copy or intent to infringe.†[21] The newest weapon in the federal arsenal of copy ­right statutes is the Digital Millennium Copyright Act, which added two sections to title 17 of the U.S. Code. Section 1201 makes it unlawful to circumvent measures used to protect copyrighted works, while  § 1202 makes it unlawful to tamper with copyright management in ­formation. Another new section, 17 U.S. Code  § 1204, creates criminal penalties for violating either sections 1201 or 1202 of the DMCA. The first criminal prosecu ­tion under the DMCA was filed in 2001 against Dmitry Sklyarov, a Russian citizen, and his employer, Elcom ­soft, Ltd.[22] They were charged with violating 17 U.S. Code  § 1201(b) (l) (A), by trafficking in technology designed to circumvent the rights of a copyright owner, and with violating 17 U.S. Code  § 1201(b) (l) (C), by trafficking in technol ­ogy marketed for use in circumventing technology that protects the rights of a copyright owner. Another area that is a high priority in federal com ­puter crime prosecutions is child pornography. To un ­derstand the current state of the law outlawing child pornography, it is necessary to understand the First Amendment, which states, in part, that Congress is to make â€Å"no law abridging the freedom of speech.† The U.S. Supreme Court has interpreted this part of the First Amendment as prohibiting the criminalization of any but a very few limited categories of speech: â€Å"[T]he First Amendment bars the government from dictating what we see or read or speak or hear. The freedom of speech has its limits; it does not embrace certain cat ­egories of speech, including defamation, incitement, obscenity, and pornography produced with real chil ­dren.†[23] From the critical as well statistical perspective, child pornography appears a relatively recent addi ­tion to the list. However, the rise of com ­puter technology raised concerns about â€Å"virtual† child pornography, i.e., pornography created using morphed or other artificial images of children, and in 1996 Congress adopted the Child Pornography Prevention Act, codified as 18 U.S. Code  § 2251. This Act extended the prohibitions on manufacturing, possess ­ing and distributing child pornography to encompass pornography that featured not only â€Å"real† children but what â€Å"appeared† to be a real child.[24] In 2001, a coalition of free speech advocates challenged these provisions of the federal child pornography statutes; they argued that because no â€Å"real† children are harmed in the creation of â€Å"virtual† child pornography, it does not fall under a category of speech that cannot constitutionally be criminalized.[25] When the case was before the Supreme Court, the Department of Justice argued that virtual child pornography can be criminalized because (a) pedophiles use it to seduce children into sexual acts and (b) it stimulates pedophiles into molesting chil ­dren.[26] The Supreme Court rejected these arguments and held that the prohibition of virtual child pornogra ­phy violated the First Amendment, so the statutory provisions at issue were unconstitutional and unenforce ­able.