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Criminal Law

: Underdog

Does the First Amendment prohibit convictions for juxtaposing lawful images of children with adult sexual images?

By Marks & Katz, LLC

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  Bill of Rights (From public domain.)NOTE: The following blog entry was written before the awful May 19 Supreme Court decision in U.S. v. Williams (May 19, 2008).This blog entry follows up on my previous discussions of child pornography defense here and here.   With the current state of First Amendment caselaw relating to child pornography, it is not immediately clear that Ronald Jay McFadden will get his recent child pornography conviction overturned. Mr. McFadden was convicted for child pornography possession despite his defense attorney's claim against a conviction on the basis that the conviction arose from Mr. McFadden's juxtaposition of sexually explicit adult images alongside images of children -- including nude images, apparently -- which images his attorney claims were copied from such legitimate sources as medical publications...continue to full post

Full post as published by Underdog on May 21, 2008 (boomark / email).

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