CourtHouse News: A sex superstore in southeastern Pennsylvania can’t enjoin a Catholic group from protesting outside its business, a federal judge ruled. | Routes 202 and 306 and Novelties and Gifts v. The Kings Men, No. 2:11-cv-05822-PBT (E.D. Pa.)
“Earlier this month, Derry Township officials found themselves considering a legal challenge when the owner of Shane’s City Limits sought to revive his business by having scantily-clad dancers shimmy for customers several nights a week . . . The Shane’s incident was unusual not only because of the novelty . . . but because cases involving adult establishments have quieted in the past decade.”
Marquise Investment, Inc. v. City of Pittsburgh, No. 2507 C.D. 2009 (Dec. 30, 2010)
3rd Circuit: Search warrant is not stale where it was based on child porn accessed four months earlier
U.S. v. Vosburgh, No. 08-4702, 2010 WL 1542340 (3rd Cir. April 20, 2010)
Attempt to download, tendency to “hoard,” sufficient basis for child porn warrant.
Miller v. Mitchell, No. 09-2144 (3rd Cir. March 17, 2010)?
“The case is the first in the country to challenge the constitutionality of bringing child pornography charges in the context of sexting.”
U.S. v. Heckman, No. 08-3844 (3rd Cir. Jan. 11, 2009)
3rd Circuit vacates as too restrictive lifetime internet ban for transportation of child pornography.
Pennsylvania Supreme Court: “Just Looking: Should Internet Ignorance Be a Defense to Child Porn Charges?”
Does “accessing and viewing child pornography over the internet constitutes ‘control’ of such pornography under 18 Pa.C.S. sec. 6312(d)?”
In Commonwealth of Pennsylvania v. Anthony Diodoro, No. J-91-2008 (Pa. May 26, 2009) the Pennsylvania Supreme Court upheld the criminal conviction of Anthony Diodoro for “accessing and viewing child pornography over the internet”—i.e. “knowingly controlling” under 18 Pa.C.S. § 6312(d).
PA: Federal judge enjoins Wyoming County D.A. from disciplining or prosecuting “sexting” teenagers for child pornography
Following an investigation into several “sexting” incidents within the Pennsylvania School District, Wyoming County District Attorney George Skumanick threatened to charge three female students (all minors) with either the possession or distribution of child pornography (see 18 Pa.C.S. 6312) unless they completed a lengthy probationary program of education and counseling in which they would be required to describe the “wrongness” of their behavior.