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Osborne Vs. Ohio
Cites for this judgment
- US Supreme Court
- Apr 18, 1990
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U.S. 103 (1990) U.S. Supreme Court Osborne v. OhioSearch
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U.S. 103 (1990) Osborne v. OhioSearch
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Even assuming that Osborne has a valid First Amendment interest in such activities, this case is distinct from Stanley v. GeorgiaSearch
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for the exploitative use of children by penalizing those who possess and view the offending materials. See New York v. FerberSearch
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before the construction, provided such application affords fair warning to the defendant. See, e.g., Dombrowski v. PfisterSearch
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of the Ohio Code, that Osborne had notice that his possession of the photographs at issue was proscribed. Bouie v. CitySearch
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and Marks v. UnitedSearch
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States, 430 U. S. 188 , distinguished. Shuttlesworth v. BirminghamSearch
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and not as it was originally written -- does not conflict with the holding in this case. Nor does Massachusetts v. OakesSearch
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of federal rights, when plainly and reasonably made, may not be defeated under the name of local practice. Cf. Douglas v. AlabamaSearch
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The Ohio Supreme Court affirmed Osborne's conviction after an intermediate appellate court did the same. State v. YoungSearch
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proscribe the possession and viewing of child pornography or whether, as Osborne argues, our decision in Stanley v. GeorgiaSearch
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the Georgia law at issue in Stanley. Every court to address the issue has so concluded. See e.g., People v. GeeverSearch
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Page 495 U. S. 109 Felton v. StateSearch
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State v. DavisSearch
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Savery v. TexasSearch
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United States v. BoffardiSearch
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Id. at 458 U. S. 761 -762, quoting Giboney v. EmpireSearch
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In Hamling v. UnitedSearch
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offensive representations or depictions of that specific hard core' sexual conduct given as examples in Miller v. CaliforniaSearch
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Bouie v. CitySearch
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of Columbia, 378 U. S. 347 (1964), Rabe v. WashingtonSearch
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Page 495 U. S. 117 405 U. S. 313 (1972), and Marks v. UnitedSearch
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no reason to suspect that their conduct was criminal. Id. at 378 U. S. 350 -352. Likewise, in Rabe v. WashingtonSearch
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the petitioner had no warning that his actions were proscribed. Id. at 378 U. S. 315 . And in Marks v. UnitedSearch
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States, supra, we held that the retroactive application of the obscenity standards announced in Miller v. CaliforniaSearch
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Due Process Clause because, at the time that the defendant committed the challenged conduct, our decision in Memoirs v. MassachusettsSearch
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Miller. Page 495 U. S. 118 Osborne suggests that our decision here is inconsistent with Shuttlesworth v. BirminghamSearch
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holding in this case. Finally, despite Osborne's contention to the contrary, we do not believe that Massachusetts v. OakesSearch
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the statutes' potentially overbroad reach, apply the statute in that case, and leave the statute in place. In Roth v. UnitedSearch
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irrespective of the effect it may have upon those into whose hands it falls, the early case of United States v. BennetSearch
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the statute reaches only indecent material which, as now expressed in Roth v. UnitedSearch
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States, supra, at 354 U. S. 489 'taken as a whole appeals to prurient interest.' Manuel Enterprises v. DaySearch
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ability to narrow state statutes so as to limit the statute's scope to unprotected conduct. See, e.g., Ginsberg v. NewSearch
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James v. KentuckySearch
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U. S. 341 , 466 U. S. 349 (1984), quoting Staub v. CitySearch
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of Baxley, 355 U. S. 313 , 355 U. S. 320 (1958), and citing Henry Page 495 U. S. 125 v. MississippiSearch
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U. S. 22 , 263 U. S. 24 (1923). Our decision here is analogous to our decision in Douglas v. AlabamaSearch
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Massachussets v. OakesSearch
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State v. YoungSearch
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even as construed authoritatively by the Ohio Supreme Court, is still fatally overbroad, and our decision in Stanley v. GeorgiaSearch
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U.S. Supreme Court Osborne v. OhioSearch
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