He transformed an image of a 5-year-old
girl eating a doughnut into one of her
having oral sex.
Attorney Dean Boland, a lawyer who’s served as an expert witness in child porn cases, appeared in court to make the case that child pornography laws are too broad and are unconstitutional because they could refer to fake photos.
To prove his point, he showed pictures he had bought from istockphoto of two young girls (ages 5 and 6). He had photoshopped the girls to make them appear to be performing sexual acts.
However, even though the fake images were only used in court, the girl’s parents discovered he had used them and filed a lawsuit against him.
Mr. Borland argued that the images were protected by the First Amendment, but the court rejected that argument:
"The creation and initial publication of the images itself harmed Jane Doe and Jane Roe, and that is enough to remove Boland’s actions from the protections of the First Amendment… Even if Doe and Roe never see the images, the specter of pornographic images will cause them ‘continuing harm by haunting [them] in years to come."
The parents won $300,000.
Expert Witness Dinged $300,000 for Making Fake Child Porn, Wired>>