No. 20-7460
Carlos Rodriguez Fernandez v. United States
IFP
Tags: child-pornography context-test due-process first-amendment four-corners-test jury-instruction lascivious-exhibition
Key Terms:
FirstAmendment DueProcess JusticiabilityDoctri
FirstAmendment DueProcess JusticiabilityDoctri
Latest Conference:
2021-06-24
Question Presented (from Petition)
To comport with the First Amendment and Due Process in determining whether an image of a child acting innocently constitutes child pornography, must courts apply a "limited context" test, rather than expand their inquiry to unconstrained "context" or restrict their inquiry to the image itself?
Question Presented (AI Summary)
Whether courts must apply a 'limited context' test rather than an expansive 'context' test or a 'four corners' test in determining whether an image of a child acting innocently constitutes child pornography under the First Amendment and Due Process
Docket Entries
2021-06-28
Petition DENIED.
2021-06-09
DISTRIBUTED for Conference of 6/24/2021.
2021-06-09
Reply of petitioner Carlos Rodriguez Fernandez filed. (Distributed)
2021-05-21
Brief of respondent United States of America in opposition filed.
2021-05-12
Motion to extend the time to file a response is granted and the time is further extended to and including May 21, 2021.
2021-05-11
Motion to extend the time to file a response from May 17, 2021 to May 21, 2021, submitted to The Clerk.
2021-04-08
Motion to extend the time to file a response is granted and the time is extended to and including May 17, 2021.
2021-04-07
Motion to extend the time to file a response from April 15, 2021 to May 17, 2021, submitted to The Clerk.
2021-03-12
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 15, 2021)
Attorneys
Carlos Rodriguez Fernandez
Donna Lee Elm — Law Practice of Donna Elm, Petitioner
United States of America
Elizabeth B. Prelogar — Acting Solicitor General, Respondent