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Constitutional Law Keyed to Chemerinsky
Osborne v. Ohio
Citation:
495 U.S. 103 (1990)Facts
Clyde Osborne was convicted for possessing four photographs depicting nude male adolescents in sexually explicit positions. The photographs were found in Osborne’s home during a police search executed pursuant to a valid warrant. The pictures showed adolescent boys in various poses: one sitting with legs over his head and anus exposed; one lying down with an erect penis and an electrical object in hand; one lying down with a plastic object apparently inserted in his anus; and one standing nude (showing only the torso). Osborne testified that he was told the youth in the pictures was 14 years old at the time they were taken. The photographs were kept in an album in Osborne’s bedroom drawer, and he claimed they had been given to him by a friend. Osborne challenged the constitutionality of the Ohio statute under which he was convicted, arguing it was overbroad and violated his First Amendment rights.
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