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STATE v. TOOLEY

Nos. 2006-0105 and 2006-0216.

114 Ohio St.3d 366 (2007)

2007-Ohio-3698

THE STATE OF OHIO, APPELLANT, v. TOOLEY, APPELLEE.

Supreme Court of Ohio.

Decided July 25, 2007.

Attorney(s) appearing for the Case

Victor V. Vigluicci, Portage County Prosecuting Attorney, and Pamela J. Holder, Assistant Prosecuting Attorney, for appellant.

Timothy J. Hart and Dean Boland, for appellee.

Marc Dann, Attorney General, and Stephen P. Carney, Senior Deputy Solicitor, urging reversal for amicus curiae Attorney General of Ohio.

William D. Mason, Cuyahoga County Prosecuting Attorney, and Brendan J. Sheehan and Matthew E. Meyer, Assistant Prosecuting Attorneys, urging reversal for amicus curiae Ohio Internet Crimes Against Children Task Force.

William F. Schenck, Greene County Prosecuting Attorney, and Cheri L. Stout, Assistant Prosecuting Attorney, urging reversal for amicus curiae Ohio Prosecuting Attorney's Association.

Ian N. Friedman & Associates, L.L.C., and Ian N. Friedman, urging affirmance for amicus curiae Ohio Association of Criminal Defense Lawyers.

LANZINGER, J.

{¶ 1} We accepted the state of Ohio's discretionary appeal1 and consolidated it with a certified conflict2 to determine whether the portions of R.C. 2907.322 and 2907.323 that ban possession of child pornography are unconstitutionally overbroad in light of Ashcroft v. Free Speech Coalition (2002),

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