Divided Fourth Circuit Upholds Convictions Based On Obscene Cartoons And Email Text

Today, in a case argued more than a year ago, a divided Fourth Circuit upheld criminal convictions for (1) receiving over the internet obscene Japanese cartoons depicting minors engaged in sexually explicit conduct and (2) receiving and sending obscene text-only emails describing child sex fantasies. Judge Niemeyer wrote the majority decision, joined by a district judge sitting by designation. Judge Gregory dissented, contending that the convictions violated the First Amendment. The case is U.S. v. Whorley.