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Because no sex or nudity is involved, the prosecutions raise unusual First Amendment concerns that stretch beyond mere modeling-related Web sites: children and teens in various degrees of undress appear in everything from newspaper underwear advertisements to the covers of Seventeen and Vogue. When actress and model Brooke Shields was 15 years old, for instance, she appeared in a racy Calvin Klein jean advertisement featuring the memorable line, "Nothing comes between me and my Calvins." Shields also appeared nude at 12 years old in an Oscar-nominated movie called Pretty Baby that was set in a New Orleans brothel. Similarly, 14-year-old Jodie Foster, wearing revealing clothing, played a pre-teen prostitute in Martin Scorsese's Taxi Driver.
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That voluntary warning may not be enough if a bill backed by the Bush administration becomes law. Under the Stop Adults' Facilitation of the Exploitation of Youth Act--or Internet Safety Act--introduced last week in the U.S. Senate, all "commercial" Web site operators who fail to flag each page containing "sexually explicit material" could risk fines, up to 15 years in prison, or both.