# 7th Circuit affirms First Amendment bars criminal count for possessing fake AI-generated CSAM in Anderegg case

> Source: <https://chatgptiseatingtheworld.com/2026/09/06/7th-circuit-affirms-first-amendment-bars-criminal-count-for-possessing-fake-ai-generated-csam-in-anderegg-case/>
> Published: 2026-09-06 20:23:47+00:00

**The Seventh Circuit recently affirmed the dismissal of one criminal charge for possession of child sexual abuse material (CSAM) that was AI-generated, meaning it did not involve real children.** The court of appeals held, that under the Supreme Court’s decision in *Stanley v. Georgia* and *Ashcroft v. Free Speech Coalition*, the government’s reasons to justify criminalizing such virtual (or fake) CSAM were the same reasons the Supreme Court rejected in *Free Speech Coalition.*

The case is likely to reach the Supreme Court.

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