Osborne v. Ohio
Osborne v. Ohio, 495 U.S. 103 (1990), is a U.S. Supreme Court 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. In so doing, the Court extended the holding of New York v. Ferber, 458 U.S. 747 (1982), which had upheld laws banning the distribution of child pornography against a similar First Amendment challenge, and distinguished Stanley v. Georgia, 394 U.S. 557 (1969), which had struck down a Georgia law forbidding the possession of pornography by adults in their own homes. The Court also determined that the Ohio law at issue was not overbroad, relying on a narrowing interpretation of the law the Ohio Supreme Court had adopted in prior proceedings in the case. However, because it was u
Osborne v. Ohio
Osborne v. Ohio, 495 U.S. 103 (1990), is a U.S. Supreme Court 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. In so doing, the Court extended the holding of New York v. Ferber, 458 U.S. 747 (1982), which had upheld laws banning the distribution of child pornography against a similar First Amendment challenge, and distinguished Stanley v. Georgia, 394 U.S. 557 (1969), which had struck down a Georgia law forbidding the possession of pornography by adults in their own homes. The Court also determined that the Ohio law at issue was not overbroad, relying on a narrowing interpretation of the law the Ohio Supreme Court had adopted in prior proceedings in the case. However, because it was u
has abstract
Osborne v. Ohio, 495 U.S. 103 ...... the Court ordered a new trial.
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Link from a Wikipage to an external page
Wikipage page ID
Wikipage revision ID
740,567,608
ArgueDate
ArgueYear
Concurrence
DecideDate
DecideYear
Dissent
Holding
The First Amendment allows sta ...... ibution, of child pornography.
JoinDissent
Marshall, Stevens
JoinMajority
Rehnquist, Blackmun, O'Connor, Scalia, Kennedy
Litigants
Osborne v. Ohio
Prior
Conviction affirmed by the Ohi ...... led to the U.S. Supreme Court.
SCOTUS
Subsequent
Statute upheld; case remanded for new trial.
subject
comment
Osborne v. Ohio, 495 U.S. 103 ...... ase. However, because it was u
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label
Osborne v. Ohio
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wasDerivedFrom
isPrimaryTopicOf
name
Clyde Osborne v. State of Ohio
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