Changing Faces: Morphed Child Pornography Images and the First Amendment
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
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Article
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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.