Eugene Volokh ( Hanni Fakhoury and Jamie Williams , Electronic Frontier Foundation, San Francisco, CA, on the brief), Scott & Cyan Banister First Amendment Clinic, UCLA School of Law, Los Angeles, CA, for Amici Curiae Electronic Frontier Foundation, Center for Democracy & Technology, Marion B. Brechner First Amendment Project, National Coalition Against Censorship, Pennsylvania Center for the First Amendment, and Law Professors.
Stephen L. Braga , Appellate Litigation Clinic, University of Virginia School of Law, Charlottesville, VA, for Amici Curiae Frederick S. Berlin, M.D., Ph.D., and Chris Kraft, Ph.D.
Hanni Fakhoury and Jamie Williams ( Richard D. Willstatter , National Association of Criminal Defense Lawyers, White Plains, New York, and Harley Geiger , Center for Democracy & Technology, Washington, D.C., on the brief), Electronic Frontier Foundation, San Francisco, CA, for Amici Curiae Electronic Frontier Foundation, Center for Democracy & Technology, National Association of Criminal Defense Lawyers, and Scholars.
Before: STRAUB, PARKER, and CARNEY, Circuit Judges.
BARRINGTON D. PARKER, Circuit Judge.
This is a case about the line between fantasy and criminal intent. Although it is increasingly challenging to identify that line in the Internet age, it still exists and it must be rationally discernible in order to ensure that "a person's inclinations and fantasies are his own and beyond the reach of the government...
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