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Ashcroft v. Free Speech Coalition

A Supreme Court case regarding virtual child sexual abuse material

Fact-Checks

14 results
Jan 24, 2026
Most Viewed

How are courts treating AI‑generated or indistinguishable synthetic CSAM under current federal and state laws?

Federal courts and lawmakers are wrestling with (CSAM): prosecutors treat such material as criminal under existing federal statutes in many cases, but constitutional limits from and recent district-co...

Jan 29, 2026
Most Viewed

What federal prosecutions have used the PROTECT Act to convict people for animated or virtual child pornography?

Federal prosecutors have used the to obtain convictions involving animated or virtual depictions of minors in sexually explicit conduct—most notably the conviction of and the plea by —while courts hav...

Jan 22, 2026
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What legal standards determine when AI‑generated sexual imagery of minors becomes criminal CSAM?

criminalizes many forms of when the image depicts a minor engaged in sexually explicit conduct or is “virtually indistinguishable” from such a depiction, but enforcement hinges on several legal thresh...

Jan 29, 2026

What legal cases have addressed sexualized fictional characters in art and whether they violate local obscenity or child-protection laws?

law draws a firm line between sexual depictions involving real children—which the has treated as unprotected child pornography—and purely fictional or animated sexual content, which is regulated prima...

Jan 26, 2026

How have U.S. courts treated passive viewing of child sexual abuse material versus active possession or distribution?

federal law criminalizes possession, receipt and distribution of (CSAM) and was amended in the 2000s to reach “knowingly access[ing] with intent to view” material online, but courts distinguish betwee...

Jan 12, 2026

Do any US states criminalize mere possession or viewing of child sexual abuse material without intent to distribute?

Yes. Federal law makes possession and even “access with intent to view” child sexual abuse material (CSAM) a crime (18 U.S.C. §§2252, 2252A), and state laws overwhelmingly criminalize possession and o...

Jan 29, 2026

What evidence and expert testimony do prosecutors use to show AI‑generated images are "virtually indistinguishable" from real CSAM?

Prosecutors seeking to demonstrate that (AIG‑CSAM) is "virtually indistinguishable" from real CSAM rely on a combination of published technical reports, frontline analyst testimony about visual indist...

Jan 29, 2026

What defenses have succeeded in cases involving lolicon, hentai, or AI-generated child-sex content in U.S. courts?

courts and commentators show a narrow set of defenses that have had measurable success against prosecutions for : First Amendment challenges rooted in , obscenity‑test attacks under , and factual or p...

Feb 5, 2026

How have courts treated AI-generated imagery in CSAM prosecutions when no real child was involved?

Courts have treated as legally fraught: longstanding Supreme Court protections for “virtual” depictions mean synthetic images that do not involve real children can be constitutionally protected speech...

Feb 4, 2026

Which U.S. court cases have resolved whether fictional written depictions of minors are obscene?

Federal and appellate courts have grappled with whether fictional depictions of minors can be prosecuted as obscene, producing a mixed record: the upheld a conviction for obscene written and pictorial...

Feb 4, 2026

How have federal courts interpreted 18 U.S.C. §1466A in cases involving manga and anime (e.g., United States v. Handley)?

Federal courts have treated as a narrow but potent avenue to criminalize non-photographic depictions—including manga and anime—only when those works are found obscene under established obscenity law r...

Jan 30, 2026

How do U.S. courts interpret the PROTECT Act when applied to drawn or animated sexual material?

The makes drawn or animated sexual depictions of minors prosecutable under federal law when they meet either a “computer-generated indistinguishable” standard or are found to be obscene under 18 U.S.C...

Jan 29, 2026

What did Ashcroft v. Free Speech Coalition decide about virtual child pornography and why?

The in v. struck down parts of the that criminalized “virtual child pornography” — images that appear to depict minors but were produced without using real children — holding that those provisions wer...

Jan 23, 2026

What federal statutes and case law most directly address “indistinguishable” computer‑generated child pornography?

Federal law treats computer‑generated images that are "indistinguishable" from real children as through the definitional backbone in 18 U.S.C. § 2256 and through prosecutorial statutes such as 18 U.S....