United States v. X-Citement Video, Inc.
United States Supreme Court
513 U.S. 64 (1994)
Gottesman owned and operated X-Citement Video (defendant), a pornography retailer. Police officers participated in a sting operation against child pornography and targeted X-Citement Video in this operation. A police officer asked Gottesman, who was working in the store at the time, for videos starring Traci Lords, who performed pornographic acts in many films before she turned eighteen years of age. Gottesman sold the films to the police officer and was charged with distribution of child pornography. At trial, it was determined that Gottesman knew of Lords’s underage performances, but did not know which particular films Lords had filmed while underage. The district court convicted Gottesman of the distribution of child pornography. Gottesman appealed, and the court of appeals reversed her conviction, stating that the statute under which Gottesman was convicted was facially unconstitutional. The court of appeals stated that the First Amendment required that an individual know specifically that the film being sold contained an underage performer, and that the statute in question was unconstitutional because it did not require an individual to know specifically that the film contain an underage performer. The United States Supreme Court granted certiorari.
Rule of Law
Holding and Reasoning (Rehnquist, C.J.)
Concurrence (Stevens, J.)
Dissent (Scalia, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 166,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 13,800 briefs, keyed to 187 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.