Sexual Ageplay in Virtual Reality: Practicing Free Speech Or Producing Child Pornography?
Esposito.40.4.8 (Do Not Delete) 5/17/2019 10:10 AM SEXUAL AGEPLAY IN VIRTUAL REALITY: PRACTICING FREE SPEECH OR PRODUCING CHILD PORNOGRAPHY? Lillian Esposito† A man’s thoughts are his own; he may sit in his armchair and think salacious thoughts, murderous thoughts, discriminatory thoughts, whatever thoughts he chooses, free from the “thought police.” It is only when the man gets out of his armchair and acts upon his thoughts that the law may intervene.1 In my ignorance, I have to accept the possibility that if we had to decide today just what the First Amendment should mean in cyberspace, we would get it fundamentally wrong.2 TABLE OF CONTENTS INTRODUCTION .............................................................................................................. 1914 I. BACKGROUND ......................................................................................................... 1917 A. Virtual Reality ............................................................................................ 1917 1. Virtual Reality Pornography ........................................................ 1921 B. Obscenity Law ............................................................................................ 1924 C. Mending the Gap Between Obscenity and Child Pornography ............ 1926 † Articles Editor, Cardozo Law Review. J.D. Candidate (May 2019), Benjamin N. Cardozo School of Law; B.A., CUNY, Hunter College, 2014. I would like to thank Professor Ekow Yankah, my Note Advisor, for his guidance and feedback; Jessica Goudreault, my Note Editor, for her edits and encouragement; the entire Cardozo Law Review staff for all of their hard work, dedication, and patience throughout this process; and especially my family, for all of their love and support. Lastly, thank you, Madeline and Stephen, for everything. 1 Ex parte Lo, 424 S.W.3d 10, 26 (Tex. Crim. App. 2013) (internal citations omitted). 2 JEREMY HARRIS LIPSCHULTZ, FREE EXPRESSION IN THE AGE OF THE INTERNET 1 (2000) (quote attributed to former U.S.
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