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STATE v. BRUCKNER

No. 88-2051-CR.

151 Wis.2d 833 (1989)

447 N.W.2d 376

STATE of Wisconsin, Plaintiff-Respondent, v. Daniel W. BRUCKNER, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided August 16, 1989.

Attorney(s) appearing for the Case

For the plaintiff-respondent the cause was submitted on the briefs of Donald J. Hanaway, attorney general, with Barry M. Levenson and Thomas J. Balistreri, assistant attorney generals of counsel, of Madison.

For the defendant-appellant the cause was submitted on the briefs of Shellow, Shellow & Glynn, S.C., with Stephen M. Glynn and Robert R. Henak of counsel, of Milwaukee.

FINE, J.

This case concerns child pornography, which—for the purposes of this decision—means the visual depiction of children "engaging in sexually explicit conduct," as defined by sec. 940.203(6), Stats. (1985-86).1 Thus defined, child pornography is not protected by the first amendment, New York v. Ferber, 458 U.S. 747, 760-761, 764 (1982), even though it may not be legally obscene...

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