United States v. Bowersox

I disagree with the majority’s holding that 18 U.S.C. § 1466A(b)(l) (2006) is constitutional as applied. Where a statute seeks to prohibit constitutionally protected conduct, the statute cannot be examined in a vacuum. This Court must consider how the relevant statutory provisions interact with each other, and examine this interaction in light of the Constitution, Supreme Court precedent, and the facts and circumstances of the case. In this case, Appellant was convicted only of mere possession of obscenity — conduct that is constitutionally protected in some circumstances under Stanley v.…