I don’t know if this is the right forum or not, if not I’m sorry. Illinois is looking to ban Virtual Child Pornography which made using AI. It has passed the house seven days ago and is on it’s on it way to the senate.
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Someone needs to tell them that this probably violates Supreme Court rulings.
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This is Illinois, they don’t tend to care about the supreme court or even their own courts. Virtual child porn was deemed legal and constitutional by the Illinois Supreme Court in 2003 in People of the State of Illinois v Kenneth Alexander, In that ruling the court ruled that a part of the Illinois child pornography law was unconstitutional; the part that were deemed unconstitutional were supposed to been severed from the rest of the law, but as of 2024 they have yet to removed, in fact they are using those unconstitutional portions on individuals. In 2012 The legislators changed the Illinois Child pornography law, BUT keep the unconstitutional portions in.
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I read the amended part of the law in question, and unfortunately (or fortunately), it does incorporate the full Miller test. This means it does not run afoul of the Ashcroft v. Free Speech Coalition decision. It is unfortunate because an obscenity law will be in the books in Illinois, and we should expect to see some cases popping up if it passes (it likely will). It is fortunate because at least the law is not technically unconstitutional.
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My main concern isn’t really ashcroft, it the other supreme court case Stanley v georgia which states you have right to look at obscene material in the privacy of ones home. If they want to get rid of obscenity in ones home maybe the state of illinois should remove the porn shops down street from the capital building, just an idea.
it only requires one of three prongs of the miller test. which federal courts in Christopher Handley v United States (2008) ruled was unconstitutional because the PROTECT Act did same thing. Then as I stated there is Stanley v Georgia (1969) where the US Supreme court invalidated all state laws that forbade the private possession of materials judged obscene on the grounds of the First and Fourteenth Amendment of the US Constitution. You have the right to look at obscene material in the privacy of your home.
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Ok, let me tell you a little back story, I am a collector of anime, the Illinois State Attorney and the local police knows I look at this stuff in the privacy in my home. I am going to fight this if and when it passes, because I am one of the state’s and local police’s main target.
Part of the law I have questions about
720 ILCS 5/11-20.4 new
Sec. 11-20.4. Obscene depiction of a purported child.
(a) In this Section:
“Obscene depiction” means a visual representation of any kind, including an image, video, cartoon, animation, produced, or altered by electronic, mechanical, or other means,
they’re not only going after AI images they are going after painting, cartoons, animation and other things.
I don’t think so. According to House Amendment 001, they removed ‘cartoon, animation’.
The law is still extremely problematic, but this signifies a degree of legislative intent that could be actionable in how the scope of the law is read, meaning that it wouldn’t apply to cartoons, anime, etc.
I’m hoping it does not pass, which is a possibility. These bills typically die in committees, and the last thing these legislators want is to be embarrassed by having their law get struck down in state court for being in violation of established precedent.
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I like the way they changed possesses to obtains. How else would you possess it without obtaining it first?
Show me where it says only one prong is required. If this passes with only one prong, then it will be unconstitutional.
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Originally, they were using only one prong it was amended out.
There is still the issue that a person has the right to look at obscene material in the privacy of their home (Stanley v Georgia 1969 US Supreme Court)
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More than likely they will not enforce it with people who only look at loli, and will focus on those who have CSEM and loli. Then they won’t mention it again after a few years.
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