United States Fourth Circuit

Convictions for receipt of obscene cartoons depicting minors, receipt of actual child pornography, and receipt of obscene e-mails are unsuccessfully challenged on First Amendment grounds. Court holds that: 1) textual matter such as emails may be prohibited as "obscene" although not containing pictures; 2) statute could prohibit obscene cartoons of child pornography although cartoons did not depict real life children; 3) the interstate trafficking of obscene materials can be prohibited by law; and 4) the term "receives" is not unconstitutionally vague as applied to receipt of obscenity via computer.

Appellate Information

• Decided 12/18/2008
• Published 12/18/2008

Judges

• Before NIEMEYER and GREGORY, Circuit Judges, and James P. JONES, Chief United States District Judge for the Western District of Virginia, sitting by designation.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Robert James Wagner, Assistant Federal Public Defender, Office of The Federal Public Defender, Richmond, Virginia, for Appellant.   Damon A. King, United States Department of Justice, Criminal Division, Washington, D.C., for Appellee.   ON BRIEF:  Michael S. Nachmanoff, Federal Public Defender, Alexandria, Virginia;  Sapna Mirchandani, Research and Writing Attorney, Office of the Federal Public Defender, Alexandria, Virginia, for Appellant.  Chuck Rosenberg, United States Attorney, Sara E. Chase, Assistant United States Attorney, Office of the United States Attorney, Alexandria, Virginia, for Appellee.