Do you know it when you see it? Using Alaska’s child pornography statute as a nationwide model for proscribing morphed images
Abstract
This Note explores the relationship between free speech jurisprudence
and the harm that morphed images pose to children, arguing that
Alaska’s child pornography statute is a promising model for other
states to address the threat that digital child pornography poses.
However, this Note concludes that pornographic material must be
intrinsically related to child abuse to justify its prohibition.
Accordingly, this Note argues that while a state statutory ban on
materials that rely exclusively on digital doctoring is likely unconstitutional, the Alaska statute prohibiting pornographic images
that involve the digital editing of an identifiable child’s face onto an
adult’s body is constitutional. Other states should thus follow Alaska’s
example and enact a statutory ban on morphed images to ensure efforts
to protect children keep pace with technological advancement.
Description
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Article
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Keywords
legislation, pornography, online images, Alaska, state statute
Citation
Gray, D. (2021). Do You Know It When You See It? Using Alaska's Child Pornography Statute as a Nationwide Model for Proscribing Morphed Images. Alaska Law Review, 38(2), 231-274.