U.S. v. Fredrickson

In prosecution on charge of sexual exploitation of minor in violation of 18 USC section 2251(a) arising out of sexually explicit images that minor sent to defendant on his cell phone, Dist. Ct. did not err in denying defendant's motion to dismiss instant indictment based on claim that said section violated First Amendment by criminalizing protected expressive speech. While defendant argued that instant section was unconstitutionally overbroad, because he could have lawfully watched instant minor at location where she had recorded instant videos and where he received them, Ct. of Appeals held that there is no First Amendment defense to instant prosecution, since child pornography is categorically unprotected under First Amendment as set forth in Ferber, 458 U.S. 747. Moreover, Ct. rejected defendant's claim that case law after Ferber conditioned lack of constitutional protection for child pornography on criminality of depicted substantive conduct.