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Osborne Vs. Ohio

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  • US Supreme Court
  • Apr 18, 1990

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68 entries 8 linked 60 unlinked
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  1. Rabe Vs. Washington US Supreme Court · Mar 20, 1972
  2. New York Vs. Ferber US Supreme Court · Jul 02, 1982
  3. Broadrick Vs. Oklahoma US Supreme Court · Jun 25, 1973
  4. Dombrowski Vs. Pfister US Supreme Court · Apr 26, 1965
    Relied / Followed
  5. Davis Vs. Wechsler US Supreme Court · Oct 22, 1923
  6. Bowers Vs. Hardwick US Supreme Court · Jun 30, 1986
  7. Buckley Vs. Valeo US Supreme Court · Jan 30, 1976
  8. Shuttlesworth Vs. Birmingham US Supreme Court · Mar 09, 1964
  9. U.S. 103 (1990) U.S. Supreme Court Osborne v. Ohio
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  10. U.S. 103 (1990) Osborne v. Ohio
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  11. Even assuming that Osborne has a valid First Amendment interest in such activities, this case is distinct from Stanley v. Georgia
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  12. for the exploitative use of children by penalizing those who possess and view the offending materials. See New York v. Ferber
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  13. before the construction, provided such application affords fair warning to the defendant. See, e.g., Dombrowski v. Pfister
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  14. of the Ohio Code, that Osborne had notice that his possession of the photographs at issue was proscribed. Bouie v. City
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  15. and Marks v. United
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  16. States, 430 U. S. 188 , distinguished. Shuttlesworth v. Birmingham
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  17. and not as it was originally written -- does not conflict with the holding in this case. Nor does Massachusetts v. Oakes
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  18. of federal rights, when plainly and reasonably made, may not be defeated under the name of local practice. Cf. Douglas v. Alabama
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  19. The Ohio Supreme Court affirmed Osborne's conviction after an intermediate appellate court did the same. State v. Young
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  20. proscribe the possession and viewing of child pornography or whether, as Osborne argues, our decision in Stanley v. Georgia
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  21. the Georgia law at issue in Stanley. Every court to address the issue has so concluded. See e.g., People v. Geever
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  22. Page 495 U. S. 109 Felton v. State
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  23. State v. Davis
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  24. Savery v. Texas
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  25. United States v. Boffardi
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  26. Id. at 458 U. S. 761 -762, quoting Giboney v. Empire
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  27. In Hamling v. United
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  28. offensive representations or depictions of that specific hard core' sexual conduct given as examples in Miller v. California
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  29. Bouie v. City
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  30. of Columbia, 378 U. S. 347 (1964), Rabe v. Washington
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  31. Page 495 U. S. 117 405 U. S. 313 (1972), and Marks v. United
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  32. no reason to suspect that their conduct was criminal. Id. at 378 U. S. 350 -352. Likewise, in Rabe v. Washington
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  33. the petitioner had no warning that his actions were proscribed. Id. at 378 U. S. 315 . And in Marks v. United
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  34. States, supra, we held that the retroactive application of the obscenity standards announced in Miller v. California
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  35. Due Process Clause because, at the time that the defendant committed the challenged conduct, our decision in Memoirs v. Massachusetts
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  36. Miller. Page 495 U. S. 118 Osborne suggests that our decision here is inconsistent with Shuttlesworth v. Birmingham
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  37. holding in this case. Finally, despite Osborne's contention to the contrary, we do not believe that Massachusetts v. Oakes
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  38. the statutes' potentially overbroad reach, apply the statute in that case, and leave the statute in place. In Roth v. United
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  39. irrespective of the effect it may have upon those into whose hands it falls, the early case of United States v. Bennet
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  40. the statute reaches only indecent material which, as now expressed in Roth v. United
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  41. States, supra, at 354 U. S. 489 'taken as a whole appeals to prurient interest.' Manuel Enterprises v. Day
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  42. ability to narrow state statutes so as to limit the statute's scope to unprotected conduct. See, e.g., Ginsberg v. New
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  43. James v. Kentucky
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  44. U. S. 341 , 466 U. S. 349 (1984), quoting Staub v. City
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  45. of Baxley, 355 U. S. 313 , 355 U. S. 320 (1958), and citing Henry Page 495 U. S. 125 v. Mississippi
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  46. U. S. 22 , 263 U. S. 24 (1923). Our decision here is analogous to our decision in Douglas v. Alabama
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  47. Massachussets v. Oakes
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  48. State v. Young
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  49. even as construed authoritatively by the Ohio Supreme Court, is still fatally overbroad, and our decision in Stanley v. Georgia
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  50. U.S. Supreme Court Osborne v. Ohio
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