United States v. X-Citement Video
Encyclopedia
United States v. X-Citement Video, Inc., was a federal criminal prosecution filed in the United States District Court for the Central District of California
in Los Angeles
against X-Citement Video and its owner Rubin Gottesman. The charge was trafficking in child pornography
, specifically videos featuring the underaged Traci Lords
. Gottesman had been sentenced to one year in jail and a $100,000 fine.
The defense challenged the constitutionality of certain sections of the federal laws against child pornography, claiming they were unconstitutionally vague. On appeal, the United States Court of Appeals for the Ninth Circuit
agreed and reversed the district decision in 1992.
The case was appealed again to the Supreme Court
, who reversed the ruling of the Ninth Circuit on November 29, 1994 because the relevant sections could be interpreted in a way that is constitutional.
had made pornographic movies while underage. This incident formed the basis of several actions against people working in the pornography industry.
Rubin Gottesman owned X-Citement Video. In June 1986 he was visited by Los Angeles Police
Officer Steven Takeshita and FBI
Agent Nellie Magdaloyo. They posed as pornography retailers who wanted to buy videos from him. They made several more visits that year, culminating in Gottesman sending Traci Lords
videos to Hawaii
in early 1987. In the course of the investigation, they witnessed Gottesman giving acknowledgement of prior knowledge that Lords was underage during the making of those movies.
(a) Any person who:
(1) knowingly transports or ships in interstate or foreign commerce by any means, including by computer or mails, any visual depiction, if
shall be punished as provided in subsection (b) of this section.
The defense asserted that the word "knowingly" in section (1), judging from the grammar, did not extend to the conduct described in subsection (A) or (B).
If interpreted this way, the result would be that anybody buying or selling movies without knowing their content might be held criminally liable. This was the basis for the Ninth Circuit Court finding the law in violation of the First Amendment
.
They explained that if a law can be interpreted in a way that is constitutional, then that interpretation must be used rather than declaring the law unconstitutional. In effect, they made word "knowingly" extend to the other clauses.
Justice Antonin Scalia
filed a dissenting opinion, in which Justice Clarence Thomas
joined. In Scalia's dissent, he acknowledged this rule but only in cases where the new interpretation does not need an ungrammatical reading of the statute.
Gottesman was incarcerated at the Federal Correctional Institution
in Fort Worth, Texas
. Gottesman was released June 27, 1997.
United States District Court for the Central District of California
The United States District Court for the Central District of California serves over 18 million people in southern and central California, making it the largest federal judicial district by population...
in Los Angeles
Los Ángeles
Los Ángeles is the capital of the province of Biobío, in the commune of the same name, in Region VIII , in the center-south of Chile. It is located between the Laja and Biobío rivers. The population is 123,445 inhabitants...
against X-Citement Video and its owner Rubin Gottesman. The charge was trafficking in child pornography
Child pornography
Child pornography refers to images or films and, in some cases, writings depicting sexually explicit activities involving a child...
, specifically videos featuring the underaged Traci Lords
Traci Lords
Traci Lords , also known as Traci Elizabeth Lords and Tracy Lords, is an American film actress, producer, film director, writer and singer...
. Gottesman had been sentenced to one year in jail and a $100,000 fine.
The defense challenged the constitutionality of certain sections of the federal laws against child pornography, claiming they were unconstitutionally vague. On appeal, the United States Court of Appeals for the Ninth Circuit
United States Court of Appeals for the Ninth Circuit
The United States Court of Appeals for the Ninth Circuit is a U.S. federal court with appellate jurisdiction over the district courts in the following districts:* District of Alaska* District of Arizona...
agreed and reversed the district decision in 1992.
The case was appealed again to the Supreme Court
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
, who reversed the ruling of the Ninth Circuit on November 29, 1994 because the relevant sections could be interpreted in a way that is constitutional.
Background
In 1986, federal authorities discovered that actress Traci LordsTraci Lords
Traci Lords , also known as Traci Elizabeth Lords and Tracy Lords, is an American film actress, producer, film director, writer and singer...
had made pornographic movies while underage. This incident formed the basis of several actions against people working in the pornography industry.
Rubin Gottesman owned X-Citement Video. In June 1986 he was visited by Los Angeles Police
Los Angeles Police Department
The Los Angeles Police Department is the police department of the city of Los Angeles, California. With just under 10,000 officers and more than 3,000 civilian staff, covering an area of with a population of more than 4.1 million people, it is the third largest local law enforcement agency in...
Officer Steven Takeshita and FBI
Federal Bureau of Investigation
The Federal Bureau of Investigation is an agency of the United States Department of Justice that serves as both a federal criminal investigative body and an internal intelligence agency . The FBI has investigative jurisdiction over violations of more than 200 categories of federal crime...
Agent Nellie Magdaloyo. They posed as pornography retailers who wanted to buy videos from him. They made several more visits that year, culminating in Gottesman sending Traci Lords
Traci Lords
Traci Lords , also known as Traci Elizabeth Lords and Tracy Lords, is an American film actress, producer, film director, writer and singer...
videos to Hawaii
Hawaii
Hawaii is the newest of the 50 U.S. states , and is the only U.S. state made up entirely of islands. It is the northernmost island group in Polynesia, occupying most of an archipelago in the central Pacific Ocean, southwest of the continental United States, southeast of Japan, and northeast of...
in early 1987. In the course of the investigation, they witnessed Gottesman giving acknowledgement of prior knowledge that Lords was underage during the making of those movies.
Ninth Circuit Court of Appeals ruling
The Ninth Circuit ruled that the sections in the Protection of Children Against Sexual Exploitation Act of 1977 dealing with the interstate transportation of underage pornography is unconstitutional. Part of the relevant provision states:(a) Any person who:
(1) knowingly transports or ships in interstate or foreign commerce by any means, including by computer or mails, any visual depiction, if
- (A) the producing of such visual depiction involves the use of a minor engaging in sexually explicit conduct and
- (B) such visual depiction is of such conduct;
shall be punished as provided in subsection (b) of this section.
The defense asserted that the word "knowingly" in section (1), judging from the grammar, did not extend to the conduct described in subsection (A) or (B).
If interpreted this way, the result would be that anybody buying or selling movies without knowing their content might be held criminally liable. This was the basis for the Ninth Circuit Court finding the law in violation of the First Amendment
First Amendment to the United States Constitution
The First Amendment to the United States Constitution is part of the Bill of Rights. The amendment prohibits the making of any law respecting an establishment of religion, impeding the free exercise of religion, abridging the freedom of speech, infringing on the freedom of the press, interfering...
.
Supreme Court
The decision was appealed to the United States Supreme Court. With a majority of 7-2, they ruled to reverse the decision of the Ninth Circuit and uphold the criminal conviction.They explained that if a law can be interpreted in a way that is constitutional, then that interpretation must be used rather than declaring the law unconstitutional. In effect, they made word "knowingly" extend to the other clauses.
Justice Antonin Scalia
Antonin Scalia
Antonin Gregory Scalia is an American jurist who serves as an Associate Justice of the Supreme Court of the United States. As the longest-serving justice on the Court, Scalia is the Senior Associate Justice...
filed a dissenting opinion, in which Justice Clarence Thomas
Clarence Thomas
Clarence Thomas is an Associate Justice of the Supreme Court of the United States. Succeeding Thurgood Marshall, Thomas is the second African American to serve on the Court....
joined. In Scalia's dissent, he acknowledged this rule but only in cases where the new interpretation does not need an ungrammatical reading of the statute.
Gottesman was incarcerated at the Federal Correctional Institution
Federal Correctional Institution, Fort Worth
Federal Correctional Institution Fort Worth, is a low security institution in Fort Worth, Texas housing male offenders.FCI Fort Worth is located in the southeastern corner of Fort Worth...
in Fort Worth, Texas
Fort Worth, Texas
Fort Worth is the 16th-largest city in the United States of America and the fifth-largest city in the state of Texas. Located in North Central Texas, just southeast of the Texas Panhandle, the city is a cultural gateway into the American West and covers nearly in Tarrant, Parker, Denton, and...
. Gottesman was released June 27, 1997.
See also
- List of United States Supreme Court cases, volume 513
- List of United States Supreme Court cases by the Rehnquist Court
- List of United States Supreme Court cases involving the First Amendment