The United States statute passed in 1996 outlawing the possession of child pornography does not make the distinction between real and virtual porn. First Amendment advocates state that the child pornography law is infringing upon the right to free speech. H. Lewis
Sirkin, a First Amendment lawyer, was able to get the Child Pornography Protection Act in California declared unconstitutional in federal court. However, similar interpretations of the law were not upheld in two other federal court cases. Ultimately, this issue will have to be determined by the Supreme Court.