United States Second Circuit

Grant of summary judgment rejecting plaintiff's vagueness and overbreadth challenges to a special condition of his state parole that prohibited his possession of pornographic material is affirmed where: 1) special condition would have given notice to a reasonable parolee that he should not buy a book containing sexually explicit pictures and lurid descriptions of sex between men and boys; 2) no reasonable enforcing officer could have doubted that Scum fell within the terms of the condition; and 3) condition applied only to one person, a paroled sex offender whose First Amendment rights to sexual material were limited, such that there was no threat of chilling constitutionally protected conduct.

Appellate Information

• Decided 05/31/2006
• Published 05/31/2006

Judges

• SOTOMAYOR, Circuit Judge., Before:  SOTOMAYOR and KATZMANN, Circuit Judges, and EATON, Judge.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Eugene B. Nathanson, New York, New York, for Plaintiff-Appellant.


• For Appellees:
  
• Ann P. Zybert, Assistant Solicitor General (Eliot Spitzer, Attorney General of the State of New York, on the brief;  Michael Belohlavek, Senior Counsel, Division of Appeals & Opinions, Daniel Chepaitis, Assistant Solicitor General, of counsel), New York, New York, for Defendants-Appellees.