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JACOBSON v. UNITED STATES

No. 90-1124.

503 U.S. 540 (1992)

JACOBSON v. UNITED STATES

United States Supreme Court.

Decided April 6, 1992.

Attorney(s) appearing for the Case

George H. Moyer, Jr., argued the cause and filed briefs for petitioner.

Paul J. Larkin, Jr., argued the cause for the United States. With him on the brief were Solicitor General Starr, Assistant Attorney General Mueller, Deputy Solicitor General Bryson, and Vicki S. Marani.*

White, J., delivered the opinion of the Court, in which Blackmun, Stevens, Souter, and Thomas, JJ., joined. O'Connor, J., filed a dissenting opinion, in which Rehnquist, C. J., and Kennedy, J., joined, and in which Scalia, J., joined except as to Part II, p. 554.

Justice White, delivered the opinion of the Court.

On September 24, 1987, petitioner Keith Jacobson was indicted for violating a provision of the Child Protection Act of 1984 (Act), Pub. L. 98-292, 98 Stat. 204, which criminalizes the knowing receipt through the mails of a "visual depiction [that] involves the use of a minor engaging in sexually explicit conduct .. .." 18 U. S. C. § 2252(a)(2)(A). Petitioner defended...

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