Osborne v. Ohio
United States Supreme Court
495 U.S. 103 (1990)
- Written by Heather Whittemore, JD
Facts
Ohio (plaintiff) criminalized the possession of child pornography in order to prevent the exploitation and revictimization of children. The relevant statute defined child pornography as material that showed a child in a state of nudity and was possessed by a person who was not the child’s parent or guardian and who did not have permission from the child’s parent or guardian to possess the material for a proper purpose. Clyde Osborne (defendant) was convicted of violating the statute after the police found four explicit photographs of a child in his home. The trial court used incomplete jury instructions in the initial trial, failing to explain all the criminal elements of the charges. Osborne challenged the statute, arguing that Ohio violated the First Amendment by prohibiting the private possession of child pornography. Osborne further argued that the statute was unconstitutionally overbroad. The Ohio Supreme Court affirmed Osborne’s conviction after rejecting his constitutional challenges. Osborne appealed.
Rule of Law
Issue
Holding and Reasoning (White, J.)
Concurrence/Dissent (Brennan, J.)
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