Morphed images prosecution violate 1st Amendment

At least in New Hampshire is does…
Our finding that application of RSA 649-A:3(e) to the defendant’s conduct violates his First Amendment right to free speech is limited to the facts of this particular case, where the defendant is charged with mere possession of morphed images that depict heads and necks of identifiable minor females superimposed upon naked female bodies, and the naked bodies do not depict body parts of actual children engaging in sexual activity. Given this finding, we do not reach the defendant’s overbreadth challenge. Accordingly, the defendant’s convictions are reversed.

Comments:

  1. In my opinion, this case will untie hands of pedophiles because morphed images of innocent children could happen to be real photos of nude children in future cases. Since computer technologies are developing every minute, the real pictures and modified pictures would be hard to distinguish from each other. Zidel took pictures of minor females and he did not ask their permission to modify them. Even mere possession of those images harms those children from the moral point of view.
    I do not agree with the court’s decision since the court should be on guard of a child as well as the US Constitution. In this situation I got the impression that the constitutional right for a free speech was given a priority over the possible moral harm to children by looking at morphed image of these children engaged in a sexual activity. I strongly believe that those kind of people as pedophiles should not even look at morphed images of children engaged in a sexual activity. In my view, people usually do what you let them do. According to the case Sidle used the first amendment to justify his pervert actions, and this case proved that this first amendment works, but its works against the children. Children cannot protect themselves, and therefore it is equal to a “moral crime” to let people as Zidel to take pictures of children and combine them with nude adult bodies.

    Comment by Elena Gorsuch on February 1, 2008 at 10:50 pm

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