You Only Live Twice: How the First Amendment Impacts Child Pornography in Second Life
You Only Live Twice: How the First Amendment Impacts Child Pornography in Second Life Sabryne Coleman, 29 Loy. L.A. Ent. L. Rev. 193 (2009)
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This Comment explores whether virtual child pornography, as it appears “In-world,” should be protected as free speech under the First Amendment. While the First Amendment provides, in pertinent part, that “Congress shall make no law . . . abridging the freedom of speech,” the Constitution does not protect all categories of speech. Child pornography, a long-recognized exception, falls outside the scope of First Amendment protection because society’s interest in protecting children outweighs its interest in protecting this form of speech. However, unless and until the Supreme Court carves out a new First Amendment exception for virtual child pornography, the government may only prohibit such material if it harms real children in a manner comparable to harms caused by real child pornography.