United States v. X-Citement Video, Inc., United States of America v. Rubin Gottesman
Court of Appeals for the Ninth Circuit
1Opinion of the Court
CANBY, Circuit Judge:
Defendant Rubin Gottesman appeals his conviction, after a bench trial, for violating the Protection of Children Against Sexual Exploitation Act of 1977 (“Act”), 18 U.S.C. § 2251 et seq. (1988). Gottesman was convicted of violating sections 2252(a)(1) and (a)(2) of the Act, which prohibit the distribution, receipt, or shipping of child pornography. Gottesman challenges the Act as unconstitutional, both on its face and as applied. We conclude that the Act is unconstitutional on its face and, therefore, reverse.
FACTUAL BACKGROUND
In 1986 and 1987, an undercover police officer…
Also in this document: Dissent.
2Cases cited31 opinions
- New York Times Co. v. SullivanSupreme Court of the United States · 1964
- Miller v. CaliforniaSupreme Court of the United States · 1973
- Hamling v. United StatesSupreme Court of the United States · 1974
- New York v. FerberSupreme Court of the United States · 1982
- Stanley v. GeorgiaSupreme Court of the United States · 1969
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3Cited by80 opinions
- United States v. X-Citement Video, Inc.Supreme Court of the United States · 1994
- United States v. Chance ReardenCourt of Appeals for the Ninth Circuit · 2003
- United States v. GendronCourt of Appeals for the First Circuit · 1994
- United States v. GiffordCourt of Appeals for the First Circuit · 1994
- United States v. Terry Burton KimbroughCourt of Appeals for the Fifth Circuit · 1995
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