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Culture War Roundup for the week of June 3, 2024

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It's actually pretty complicated and involved with the long fought jurisprudence over obscenity and prurient interest, because despite what the law says, the US has a bill of rights so you can't blanket ban speech categorically.

I think the question of AI art is wholly novel and while making porn of public figures is probably not illegal and up in the air, it very likely is illegal to use it to make CP, whether or not that bear the likeness of real minors.

Moreover, if Congress or the States passed a law to make deepfakes illegal, I think SCOTUS would very likely uphold it substantially, at least insofar as the work is obscene by the Miller test. And most deepfakes of a sexual nature are.

More bad law, because the computer-generated stuff (like drawings) doesn't have any age at all.

Most of these issues are resolved as "would an average reasonable person say this has property x?".

Which is hardly bad common law. Not that I like how subjective it is, but it's how it's supposed to work.