Virtual Child Pornography and Freedom of Expression Ferber v. New York (1982)—child porn is, by definition, child abuse…its production involves the exploitation of children 1996, Child Pornography Prevention Act “is or appears to be a minor engaging in sexually explicit conduct…or is promoted in such a way as to convey the impression that the material contains a visual depiction of a minor engaged in sexually explicit conduct”

Free Speech Coalition v. Ashcroft Challenge to “appears to be” and “conveys the impression”, allows conviction when no actual children are involved… District ct. upholds the law, Circuit court reverses, in 2002, Supreme Court strikes down the provisions 6-3

Reaction to FSC v. Ashcroft PROTECT Act (Prosecutorial Remedies and Other Tools to end the Exploitation of Children Today) aka Amber Alert Bill, passed Congress 98-0, 400-25 Among other things, the bill shifts the burden of proving that adults were used to the defendant, for computer generated images, there are no affirmative defenses It also bans obscene and non-obscene, virtual child pornography