New caselaw - child pornography

[JURIST] A split panel of the US Ninth Circuit Court of Appeals [official website] ruled Thursday that the section of the federal statute that prohibits the possession of child pornography made with materials that have traveled in interstate commerce, 18 U.S.C. s.2252(a)(4)(B), is an unconstitutional exercise of Congress’s power under the Commerce Clause insofar as the statute is applied to simple intrastate possession of a visual depiction (or depictions) that has not been mailed, shipped, or transported interstate and is not intended for interstate distribution, or for any economic or commercial use, including the exchange of the prohibited material for other prohibited material. Read US v. McCoy [PDF opinion].



 

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