Cartoons Aren't Real People, Too: Does the Regulation of Virtual Child Pornography Violate the First Amendment and Criminalize Subversive Thought?

Authors

Keisha April, Benjamin N. Cardozo School of Law

Abstract

The note argues that the government's regulation of virtual child pornography, particularly under the Obscene Visual Representations of the Sexual Abuse of Children (OVR) provision of the PROTECT Act, raises significant First Amendment concerns. While the provision aims to protect children, it criminalizes depictions that do not involve real children, undermining free expression. The analysis critiques the OVR provision's overbreadth and vagueness, asserting that it chills artistic expression and fails to serve a compelling government interest. The note advocates for narrowing the provision to focus on actual harm rather than fictional depictions.

Disciplines

Communications Law | Criminal Law | Criminal Procedure | First Amendment | Internet Law | Law

Recommended Citation

Keisha April, Cartoons Aren't Real People, Too: Does the Regulation of Virtual Child Pornography Violate the First Amendment and Criminalize Subversive Thought?, 19 Cardozo J. Equal Rts. & Soc. Just. 241 (2012).
Available at: https://larc.cardozo.yu.edu/cardozoersj/vol19/iss1/10