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Article • April 1, 2008 • from P&J April, 2008
U.S. v. Williams, No. 06-694 (U.S. Supreme Court) (553 U.S. 285; 128 S.Ct. 1830) (May 19, 2008) (Justice Scalia) by Holding that “offers to provide or requests to obtain child pornography are categorically excluded from the First Amendment,” the Supreme Court upheld the latest Congressional effort to curb child pornography …
Article • July 30, 2005
Roaden v. Kentucky, No. 71-1134 (U.S. Supreme Court) (413 U.S. 496; 93 S.Ct. 2796) (June 25, 1973) (Justice Burger) by The question presented in this case was whether the seizure of allegedly obscene material, contemporaneous with and as an incident to an arrest for the public exhibition of such material …
Article • February 1, 2001 • from P&J February, 2001
U.S. v. Kallestad, No. 98-51089 (5th Cir.) (236 F.3d 225) (December 19, 2000) (Judge Patrick E. Higginbotham) by This case involved a constitutional challenge to 18 U.S.C. § 2252(a)(4)(B), which prohibits the mere possession of sexually explicit depictions of minors if those depictions, or the materials used to produce them, …
Article • May 1, 2000 • from P&J May, 2000
U.S. v. Moore, No. 99-2609 (7th Cir.) (215 F.3d 681) (May 31, 2000) (Judge Michael S. Kanne) by Here the Court held that an arrest for possessing child pornography does not require the police to obtain a warrant, in part because of the "compelling state interest" in protecting children from …
Article • December 1, 1999 • from P&J December, 1999
U.S. v. Rodia, No. 98-5522 (3rd Cir.) (194 F.3d 465) (October 20, 1999) (Judge Edward R. Becker) by Here the Court held that the jurisdictional element of 18 USC § 2252(a)(4)(B) did not bring that statute within the Commerce Clause, but that the statute did generally regulate an activity having …
Article • December 1, 1999 • from P&J December, 1999
U.S. v. Acheson, No. 98-3559 (11th Cir.) (195 F.3d 645) (November 12, 1999) (Judge Richard W. Story) by Here the Court upheld as constitutional the same provisions of the Child Protection Pornography Act which the Ninth Circuit, in Free Speech Coalition v. Reno, (9th Cir. 1999) had held were unconstitutional. …