opinion
A recent federal appeals decision could greatly increase the liability associated with publishing media depicting youthful looking individuals. Here’s the story: In 2009 Jack Furman Dean Jr. was sentenced to 30 years imprisonment for violating 18 U.S.C. § 1466A(a)(2), which prohibits certain types of child pornography. U.S. vs. Dean, 635 F.3d 1200 (11th Cir. 2011). After the denial of his request for a new trial, Dean appealed to the 11th Circuit, challenging the constitutionality of § 1466A(a)(2) on 1st Amendment grounds. The statute at issue prohibits, among other things, the distribution, receipt or possession of:
