Osborne v. Ohio - Lecture notes 12 PDF

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Constitutional Law II 2020 case brief and lecture notes for Osborne v Ohio...

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OSBORNE v. OHIO 495 U.S. 103 (1990) FACTS: Parties: Appellant: Appellee: Procedural History:  Relevant Facts: 

After obtaining a warrant, Ohio police searched the home of Clyde Osborne and found explicit pictures of naked, sexually aroused male adolescents

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Osborne was then prosecuted and found guilty of violating an Ohio law that made the possession of child pornography illegal

ISSUE: 

Whether Ohio’s ban on the possession of child pornography violated the First Amendment

PARTIES’ ARGUMENTS: Appellant:  Appellee:  DISPOSITION OF THE COURT:  RULE OF LAW:  HOLDING: 

Ohio’s ban on child pornography did not violate the First Amendment

COURT’S REASONING:

   

The interest underlying child pornography prohibitions far exceed the interests justifying the Georgia law at issue in Stanley Ohio did not rely on a paternalistic interest in regulating Osborne’s mind Ohio merely attempted to protect the victims of child pornography Regulations on production and distribution of child pornography were insufficient and could not dry up the market for pornographic materials

CONCURRING OPINION:  DISSENTING OPINION: ...