The improvement of computer graphics and its resulting burden on prosecuting real child pornography led Congress to pass the Child Pornography Prevention Act (CPPA) of 1996. However, in addition to prohibiting virtual child pornography the CPPA banned many other areas of protected speech and was held unconstitutional in 2002. This article gives an overview of the First Amendment concerns of future virtual child pornography laws, the laws currently being proposed in Congress, and then proposes its own constitutional virtual child pornography law.
How to Constitutionally Protect Against Virtual Child Pornography,
25 Hastings Comm. & Ent. L.J. 343
Available at: https://repository.uchastings.edu/hastings_comm_ent_law_journal/vol25/iss2/4