Facts of the Case

After obtaining a warrant, Ohio police searched the home of Clyde Osborne and found explicit pictures of naked, sexually aroused male adolescents. Osborne was then prosecuted and found guilty of violating an Ohio law that made the possession of child pornography illegal.

Question

Did Ohio's ban on the possession of child pornography violate the First Amendment?

Conclusion

The Court held that Ohio could constitutionally proscribe the possession of child pornography. The Court argued that the case at hand was distinct from Stanley v. Georgia, "because the interest underlying child pornography prohibitions far exceed the interests justifying the Georgia law at issue in Stanley." Ohio did not rely on "a paternalistic interest in regulating Osborne's mind;" rather, Ohio merely attempted to protect the victims of child pornography. The Court argued that regulations on production and distribution of child pornography were insufficient and could not dry up the market for pornographic materials. The Court also found that an error in jury instructions in the lower courts mandated Osborne be given a new trial.