This Is the Most Disgusting Federal Court Ruling of the Year

A federal appears court has ruled that AI-generated child sexual abuse material is protected under the First Amendment, blaming a 2002 Supreme Court decision for the disturbing result.

First Amendment Protects Private Possession of AI-Generated Sexual Images of Fictional Children, Judge Rules

— NewsWire (@NewsWire_US) August 29, 2026

A man used AI to make virtual child porn and giving it to a 16-year-old. He got the child pornography possession charge dismissed. Under binding Supreme Court precedent, Judge Lee explains, that result is required here. No real children in the image, so First Amendment protects pic.twitter.com/WRbYpP2Fpt

— Eric W. (@EWess92) August 25, 2026

The panel of three judges, all appointed by President Joe Biden, ruled that, when AI generated display the sexual abuse of fictional children when no actual child is involved in the creation, the content is protected under the First Amendment.

The basis comes from Ashcroft v. Free Speech Coalition, where, in his dissent, Justice Clarence Thomas argued in 2002 that rapidly advancing technology could lead to fictional images becoming indistinguishable from real life, according to a report from Fox News.

Judges on the panel echoed the sentiment from Thomas, but claimed that their hands were bound and that it was a matter for the Supreme Court to decide.

“Indeed, in Free Speech Coalition, the Supreme Court addressed the scope of First Amendment protections for virtual CSAM, but that was nearly twenty-five years ago, and the image-generation technology available today was likely unimaginable back then,” Lee wrote in his decision. “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.”

The ruling stems from a case involving Steven Anderegg, who Wisconsin prosecutors say produced hundreds of AI-generated images depicting child sex abuse and then distributed it to a minor. The appellate court upheld a lower court decision to dismiss a charge of possession of child sex abuse material on the basis of the Free Speech Coalition decision.

Editor’s Note: Do you enjoy Townhall’s conservative reporting exposing the radical left and woke media? Support our work so we can keep bringing you the truth.

Join Townhall VIP and use promo code FIGHT to receive 60% off your membership.