Felterman-Article

Pornography has long been considered protected under the First

Amendment’s right to free speech.  Child pornography, meanwhile,

maintains no such protections because the harm of child abuse involved

outweighs any free speech rights. Child pornography created by

artificial intelligence, however, is not necessarily created through child

abuse, and so under current precedent is likely protected by the First

Amendment. This note serves to explore the moral implications of AI-

generated child pornography, and to consider potential legal solutions

in confronting a currently lawful evil.