Changing Faces: Morphed Child Pornography Images and the First Amendment

Date

2018

Journal Title

Journal ISSN

Volume Title

Publisher

Emory Law Journal

Abstract

Part I of this Article will explore the historical underpinnings of First Amendment jurisprudence as it pertains to actual child pornography from its inception as a criminal offense, to the morphed images depicting child pornography of today. Part II of this Article will discuss the harms morphed images cause. It will also explore the harm that circulation of other private material that is sexual in nature causes and discuss how this harm has been balanced against a defendant’s right to free speech. This nuanced approach allows us to better understand how courts might balance the harm that circulation of a morphed image causes with the First Amendment. Lastly, Part III of this Article lays out a cogent path forward. It proposes a workable solution that balances a defendant’s First Amendment right to free speech against the harm that circulation of morphed images causes.

Description

Keywords

law, child pornography, child sexual abuse material, morphed images, trauma, victims, harm

Citation

Steinberg, S. (2018). Changing faces: Morphed child pornography images and the first amendment. Emory Law Journal, 68, 909.

DOI