Minimum Wage Essay

947 WordsJun 7, 20134 Pages
Oscar Ramos Administration of Justice 3 Intr. Mr. Sinclair March 29, 2013 Osborne v. Ohio 37 Ohio St.3d 249, 525 N.E2d1363 Osborne v. Ohio, 495 U.S. 103 (1990), is a Supreme Court of the United States case in which the Court held that the First Amendment allows states to outlaw the mere possession, as distinct from the distribution, of child pornography. After Ohio police found photographs in petitioner Osborne's home, each of which depicted a nude male adolescent posed in sexually explicit position, he was convicted of violating a state statute prohibiting any person from possessing or viewing any material or performance showing a minor who is not his child or ward in a state of nudity unless the material or performance is presented for a…show more content…
These harms include the psychological damage to children; both the children depicted in the pornography, for whom the images produced serve as a permanent record of the abuse, and the children whom potential abusers might lure with such images. They were worried more upon protecting the children and not having other children been lured when seeing the other children’s images. Given the importance of the State's interest in protecting the victims of child pornography, we cannot fault Ohio for attempting to stamp out this vice at all levels in the distribution chain. Even if the First Amendment did not categorically forbid the government to ban the possession of child pornography, Osborne argued that the Ohio statute under which he was convicted was overbroad. A ban on speech is overbroad if it outlaws both prohibited speech as well as a substantial amount of legitimate speech. The statute, as written, banned depictions of nudity, and the Court had previously held that nudity was protected expression. But the Ohio Supreme Court had held that the statute only applied to nudity that "constitutes a lewd exhibition or involves a graphic focus on the genitals, and where the person depicted is neither the child nor the ward of the person charged" with violating it. Furthermore, the Ohio Supreme Court had required that the defendant had to know that the images

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