United States v. Christopher S. Handley

564 F. Supp. 2d 996 (2008)

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United States v. Christopher S. Handley

United States District Court for the Southern District of Iowa
564 F. Supp. 2d 996 (2008)

  • Written by Sharon Feldman, JD

Facts

Christopher Handley (defendant) was charged with receiving obscene visual representations of the sexual abuse of children in violation of 18 U.S.C. § 1466A(a) and possessing obscene visual representations of the sexual abuse of children in violation of 18 U.S.C. § 1466A(b). Handley maintained that the materials he received were drawings from Japanese anime comic books that were produced by hand or computer and depicted fictional characters and not actual people. Handley moved to dismiss the counts on the grounds that private possession of obscene materials in which no real children are used is protected by the First Amendment.

Rule of Law

Issue

Holding and Reasoning (Gritzner, J.)

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