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Criminal Law—Expert Testimony Not Required to Distinguish Pornographic Images of Real Children from Virtual Children—United States v. Wilder, 526 F.3d 1 (1st Cir. 2008), cert. denied, 129 S. Ct. 626 (2008)

Feb 1, 2009 | Case Comments, Number 2, Print Edition, Volume 42

First Circuit Review 2009 Preventing child abuse is an important government interest that justifies excluding child pornography, as a class of speech, from First Amendment protection.  Nonetheless, the First Amendment continues to protect computer-generated or virtual...

Intellectual Property Law—Frustrating the Purpose of the Copyright Clause: First Circuit Restrictively Interprets Copyright Registration Requirements—Torres-Negrón v. J & N Records, L.L.C., 504 F.3d 151 (1st Cir. 2007)

Feb 1, 2009 | Case Comments, Number 2, Print Edition, Volume 42

First Circuit Review 2009 Intellectual property rights in musical works theoretically arise at the moment of creation.  The ability to enforce these rights in the face of infringement, however, requires that artists fulfill specific registration requirements with the...

Criminal Law—First Circuit Denies Double-Intent Requirement for Internet Enticement of Minors—United States v. Dwinells, 508 F.3d 63 (1st Cir. 2007), cert. denied, 128 S. Ct. 2961 (2008)

Feb 1, 2009 | Case Comments, Number 2, Print Edition, Volume 42

First Circuit Review 2009 Since the advent of the Internet, Congress, law enforcement officials, and the public have tried to protect children from online sexual predators.  In 1996, Congress amended the Telecommunications Act, criminalizing the enticement of minors...

Constitutional Law—First Circuit Conducts Independent, Not Clear-Error, Review in Free Speech Case Involving City Ordinances—Sullivan v. City of Augusta, 511 F.3d 16 (1st Cir. 2007), cert. denied, 129 S. Ct. 112 (2008)

Feb 1, 2009 | Case Comments, Number 2, Print Edition

First Circuit Review 2009 Protecting the expression of unpopular ideas lies at the heart of the First Amendment; therefore, free speech law inherently distrusts regulation.  Acknowledging the First Amendment’s importance, the United States Supreme Court imposed a...