Originally Posted by Matt 26z
The Department notes that the Supreme Court in Ashcroft v. Free Speech Coalition determined that virtual child pornography could not be constitutionally prohibited under that statute, which did not require that the material be either obscene or the product of sexual abuse. The ruling does not, however, restrict the government's ability to ensure that performers in sexually explicit depictions are not in fact children. Nevertheless, the
Department has made a slight change to the final rule in response to
these comments by clarifying that the rule applies to those who
digitally manipulate images of actual human beings but not to those who
generate computer images that do not depict actual human beings (e.g.,
cartoons).




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