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.
