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Federal Appeals Court Says AI Child Porn Is Free Speech on One Condition Based on Two Archaic Precedents

by Demetrius Gardner
August 29, 2026
in News, Original
Computer
Christian and Conservative news hand-curated the way it’s supposed to be. Stay full-MAGA despite the so-called “civil war” waged by the Islam-loving “woke right”.

A federal appeals court looked at a Wisconsin man’s stash of AI-generated child sexual abuse material, admitted the pictures are now “virtually indistinguishable” from images of real children being abused, and then told the government it could not punish him for keeping them at home.

That is the holding. Not a thought experiment. Not a law-review hypothetical. A published ruling from the Seventh Circuit in United States v. Anderegg.

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The Post Millennial reported the decision this week. Fox News, The Daily Wire, and The Federalist all covered the same ugly line the judges said they were powerless to redraw. If no actual child appears in the file, private possession inside the house is treated as First Amendment activity.

Call it “virtual.” Call it “synthetic.” The file still exists to gratify the same appetite that wrecks children.

Steven Anderegg of Holmen, Wisconsin, was charged by the Justice Department in 2024 after an investigation that, according to court coverage, began when Meta flagged an Instagram account sending this kind of material to a minor. Prosecutors alleged he used an AI image generator to produce thousands of photorealistic images of children in sexually explicit situations, then possessed them, produced them, distributed them, and transferred them to a person under 16. A district judge tossed only the possession count. The government appealed. The Seventh Circuit affirmed.

They Know the Pictures Look Real

Judge John Z. Lee wrote the opinion. Judges Doris Pryor and Joshua Kolar joined. Lee and Kolar then filed a separate concurrence that reads like a distress signal dressed up as judicial restraint.

We now live in an age where GenAI models can render images depicting the abuse of virtual children that are virtually indistinguishable from those depicting the abuse of actual children. Given the relentless advancement in artificial intelligence models, we have some concerns about the lines these cases draw, but we are not free to redraw them ourselves.

That is a judge telling the country the law is behind the technology and that he will apply the old rule anyway. The old rule is Stanley v. Georgia from 1969, which said the state cannot criminalize a man for possessing obscene material in his own home, and Ashcroft v. Free Speech Coalition from 2002, which struck down a federal ban on “virtual” child pornography that did not use a real child in production. In 2002 the Court said such images “record no crime and create no victims by their production.”

In 2026 the same logic is being used on files that even the panel says a viewer may not be able to tell apart from the real crime.

Justice Clarence Thomas saw this coming. In the 2002 case he warned that if technology made it impossible to prosecute material produced through the abuse of real children, the government might have a compelling interest in regulating a narrow category of otherwise “lawful” speech. Twenty-four years later, investigators are already drowning in files they cannot quickly sort. The Justice Department argued that point. The Seventh Circuit said the Supreme Court already rejected it.

Possession Is Not the Whole Case

Do not let the headline launder the rest of the indictment. The court did not bless production. It did not bless distribution. It did not bless sending the material to a child. Those counts remain. Anderegg still has to answer for them. Morphing a real child’s face onto this garbage is still treated as child sexual abuse material. The sliver the court carved out is narrower than the cheerleaders of “AI speech” will pretend, and wider than any parent can live with.

Hans von Spakovsky told Fox the panel “had no choice” under existing precedent. He also said the quiet part. Technology has overtaken the reasoning. Some of these images can be built on top of real abuse files. Once the product looks identical, the legal fiction that “no child was harmed in the making” becomes a shield for people whose entire project is the sexual use of children, whether the child on the screen has a birth certificate or not.

That is the market argument the 2002 Court waved away. Demand does not stay on a hard drive. It trains the imagination. It is used to groom. It clogs the systems built to find actual victims. It tells a predator the Constitution is his roommate. None of that requires a law-review footnote. Parents already know it.

But whoso shall offend one of these little ones which believe in me, it were better for him that a millstone were hanged about his neck, and that he were drowned in the depth of the sea.

The Court That Drew the Line Has to Face It

The First Amendment was written to stop Congress from chaining the pulpit and the press. It was not written to create a sanctuary for a new industrial supply of child sexual abuse imagery so long as the producer used a model instead of a camera in a basement.

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When a category of speech exists only to sexualize children, the claim that it is “speech” in the constitutional sense is a lawyer’s trick. Obscenity was never a preferred freedom. Child sexual abuse material involving real children is already outside the Amendment. The only reason this new pile gets a pass is that the last Court to look at “virtual” files could not imagine what a home computer can now spit out in an afternoon.

Lee all but begged the justices to take the next case. Congress can also write a statute that is not the sloppy 1996 ban the Court struck down. Target the photorealistic product. Keep bona fide art and medical texts out of it. Stop pretending a file that exists to depict the rape of a child is a cousin of political pamphlets because no one can produce a birth certificate for the face on the screen.

Until someone does, the Seventh Circuit has told a slice of the country that the home is a safe deposit box for this material. The judges say they are stuck. Fine. Then the people who are not stuck — the justices, the Congress, the voters who still believe children are not raw material — need to move. A civilization that cannot say this is forbidden has already started explaining away the millstone.

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