This article examines the current law related to child pornography and how it leaves a gap for morphed imagery to flourish. The jurisprudence in this area is insufficient to keep up with the changing technology which allows children to be portrayed in morphed imagery and argues that this should not fall within First Amendment protection. The Supreme Court has made it clear that protecting children is an exceedingly important interest and that traditional child pornography falls outside of what was traditionally considered to be protected First Amendment speech. This article argues that the Circuit Split, should the Supreme Court take the issue, should be resolved by finding that morphed imagery is not protected by the First Amendment.
Katie H. Jung,
Freedom to Morph? An Analysis of Morphed Imagery, Child Pornography, and the First Amendment,
Cath. U. J. L. & Tech
Available at: https://scholarship.law.edu/jlt/vol30/iss2/4