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Divided Fourth Circuit Upholds Convictions Based On Obscene Cartoons And Email Text

By Sean E. Andrussier

Today, in a case argued more than a year ago, a divided Fourth Circuit upheld criminal convictions for (1) receiving over the span class="blsp-spelling-error" id="SPELLING_ERROR_0"internet/span obscene Japanese cartoons depicting minors engaged in sexually explicit conduct and (2) receiving and sending obscene text-only emails describing child sex fantasies. Judge span class="blsp-spelling-error" id="SPELLING_ERROR_1"Niemeyer/span wrote the majority decision, joined by a district judge sitting by designation. Judge Gregory dissented, contending that the convictions violated the First Amendment. The case is a href="http://pacer.ca4.uscourts.gov/opinion.pdf/064288.P.pdf"U.S. v. span class="blsp-spelling-error" id="SPELLING_ERROR_2"Whorley/span/a.

Full post as published by North Carolina Appellate Blog on December 18, 2008 (boomark / email).