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Federal appeals court says First Amendment protects possession of AI-generated child sexual abuse images

The panel said Supreme Court precedent protects private possession of fake images and left production and distribution charges intact.

  • On Tuesday, Seventh Circuit Judge John Lee ruled that federal law is unconstitutional as applied to Steven Anderegg because the images involved AI-generated depictions rather than real children.
  • The court concluded that Supreme Court precedent in Free Speech Coalition controls this case, since AI-generated CSAM is virtually indistinguishable from material created through abuse, yet the statute requires depicting actual children.
  • Judge Lee wrote a concurring opinion to note that given rapid artificial intelligence advancements, the Supreme Court should provide guidance on the First Amendment and virtual CSAM intersection.
  • Justice Thomas previously forecasted that technology may evolve to the point where the government cannot prove certain pornographic images are of real children, complicating enforcement.
  • Researchers found that a major dataset used for training image-generating AI contained hundreds of actual CSAM images, complicating the government's objective of surpassing importance in preventing child exploitation.
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Federal judge rules that AI-generated child sex abuse material is protected under the First Amendment

A Wisconsin judge dismissed charges against a man accused of creating and distributing AI-generated child sexual abuse material, citing First Amendment precedent.

·Connecticut, United States
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The Washington Post broke the news in Washington, United States on Wednesday, August 26, 2026.
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