See also is also closely related which makes it illegal to advertise child pornography. Pseudo-photographs will be subject to the Miller obscenity test and other federal laws dealing with obscenity but not child pornography.
It will be up to the defendant to prove that the creation of the pictures did not involve minors.
The CPPA fails both tests for subjective neutrality: it expressly aims to curb a particular category of expression (child pornography) by singling out that type of expression based on its content, and banning it.
Blanket suppression of an entire type of speech is by its very nature a content-discriminating act.
The CPPA is not a time, place, or manner regulation.
See which makes it a federal offence to knowingly receive child pornography. 747 (1982) which held that States can prohibit the depiction of minors engaged in sexual conduct. Hatch (R-UT), Abraham (R-MI), Grassley (R-IA), and Thurmond (R-SC) was introduced to criminalize material that depicts children engaging in sexually-explicit conduct whether or not the material was produced with children or entirely without computer.
Child pornography is defined as: "any visual depiction of "sexually explicit conduct" involving children" by (a) (2) (A). The Bill is in the judiciary committee (September 1995).