The government can not criminalize the private possession of child pornography, so long as it is AI-generated. That is the new precedent set after Steven Anderegg was dismissed of one of four charges after investigators found him in possession of hundreds of AI-generated sexually explicit images depicting children. Due to the decades-old Supreme Court ruling, which rejected restrictions on sexualized depictions of fictional children when real children were not involved, the court was forced to protect the in-home possession of AI-generated child-sex abuse material. Despite Anderegg being charged with producing and distributing AI child porn, a federal court did dismiss the possession charge on First Amendment grounds. The Justice Department appealed the dismissal, but was unsuccessful, as the government cannot generally criminalize the private possession of obscene material inside someone’s home, unless it is sexual abuse material involving real children. However, as AI content has become more lifelike, real children and fake children can now be virtually indistinguishable from each other. As time goes on, more predators and pedophiles will likely use the excuse that their child pornography is AI-generated as a way to escape punishment, as certain child porn is now classified as free speech. This situation is abhorrent, as whether or not real children are being depicted and abused in this content, it is still seriously damaging to not only the children, but those watching and possessing it as well. AI cannot create anything original; it can only replicate what it sees online, meaning that any AI-generated content will be a replica of real videos of kids, whose likeness will be used to make sickening content. Moreover, if AI child porn is permissible, those that consume it will be less likely to be subject to punishment and more likely to perpetrate acts of sexual violence on real children in the real world. This whole case is abominable, and there is no reason why child sexual abuse should fall under the First Amendment, whether it be real kids or not.