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Georgia Criminal Law Review

Document Type

Article

Abstract

This Comment explores the evolving legal landscape of child pornography law as it pertains to “nudify” apps and other AI-generated content. It examines foundational cases in child pornography law that allowed child pornography materials to bypass First Amendment constraints, the “lascivious exhibition” standard, and recent precedents allowing courts to prosecute morphed images. This Comment analyzes the viability of prosecuting “nudify” images, arguing that a holistic approach focusing on the child’s overall harm is the best analytical framework rather than one that solely focuses on the sexual nature of the image. In doing so, it emphasizes that the identifiability of the minor depicted should serve as a constitutional limiting principle, ensuring that only images connected to real children fall outside First Amendment protection. It then analyzes the accountability of social media platforms to protect minors from exploitive materials while current laws shield them from liability. Finally, it proposes legal strategies for holding platforms and perpetrators accountable, urging courts to prioritize child protection over competing free speech concerns.

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