Brandenburg v. Ohio - mostly, laws like that don't stand up, according to SCOTUS. It's too bad the Paladin case didn't go all the way - we might have a bit clearer of an idea of what exactly the liabilities of authors and publishers are, legally - I don't think the plaintiffs in Paladin would have been successful, ultimately. But, it didn't, so at least for now, Brandenburg is the guiding case here...
Thanks for the legal info. It does say something dismal and sorrowful about America when we can promote child rape.