Osborne v. Ohio

PETITIONER: Osborne
RESPONDENT: Ohio
LOCATION: Residence of Clyde Osborne

DOCKET NO.: 88-5986
DECIDED BY: Rehnquist Court (1988-1990)
LOWER COURT: Ohio Supreme Court

CITATION: 495 US 103 (1990)
ARGUED: Dec 05, 1989
DECIDED: Apr 18, 1990

ADVOCATES:
Ronald J. O'Brien - Argued the cause for the appellee
S. Adele Shank - Argued the cause for the appellant

Facts of the case

After obtaining a warrant, Ohio police searched the home of Clyde Osborne and found explicit pictures of naked, sexually aroused male adolescents. Osborne was then prosecuted and found guilty of violating an Ohio law that made the possession of child pornography illegal.

Question

Did Ohio's ban on the possession of child pornography violate the First Amendment?

Media for Osborne v. Ohio

Audio Transcription for Oral Argument - December 05, 1989 in Osborne v. Ohio

Audio Transcription for Opinion Announcement - April 18, 1990 in Osborne v. Ohio

Byron R. White:

Fourth, in Osborne against Ohio, No. 88-5986, we reverse the judgment of the Ohio Supreme Court by a six-to-three vote.

Justice Balckmun has filed a concurring opinion; Justice Brennan has filed a dissenting opinion.

He is joined by Justices Marshall and Stevens.