Texas SB20 Research Update!!
I am in the process of reviewing a Supreme Court case that proves Texas SB20 is an unconstitutional law. Ashcroft v. Free Speech Coalition is a decision that abstractly supports the legal analysis that "the criminalization of fictional art of any kind is a breach of the united states constitution." It does this through the ruling that depiction of criminal activity in artistic pieces is protected by U.S. Const. amend. I. The current view in cases like this is that speech may only be suppressed when it is the direct cause of public harm. This includes Inciting a Riot, causing Mass Confusion or Histeria, and most recently Cyber-Bullying, or encouraging criminal activity.
It is still unclear how AI generated art of any kind even can be constitutionally criminalized under this exception. The only possibility may be that they may try to argue somehow encourages illegal behavior towards children. I still have yet to meet a Pedo-Weeb, and hope I never do. Still, I can't in all honesty say that anime and manga encourage criminal behavior when they offer clear disclaimers to the contrary; which is deemed an acceptable defense in cases where speech was blamed for criminal actions or tortious conduct.
I still have a lot more research to do and the drafting process is slow because I do not have much free time. If you liked this post please spam it to every Weeb you know. Weebs Unite!!
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