No. 23-5087

Michael R. v. Connecticut

Lower Court: Connecticut
Docketed: 2023-07-12
Status: Denied
Type: IFP
Response WaivedIFP
Tags: child-pornography civil-rights constitutional-interpretation dost-factors due-process first-amendment free-speech miller-standard obscenity obscenity-test
Latest Conference: 2023-09-26
Question Presented (from Petition)

1. Should the six factor analysis set forth in United States v. Dost, 636 F. Supp. 828
(S.D. Cal. 1986), aff'd sub nom United States v. Weigand, 812 F.2d 1239 (1987) be modified in
order to prevent an unconstitutional restriction on the First Amendment freedom of expression
which the petitioner argues occurred in this case and in numerous other cases nationwide and
which reflects a split among the federal and state courts?

2. Because Connecticut's "employing a minor in an obscene performance" statute is cast
in the language of Miller v. California's obscenity test and the lower court held it relied on
Miller and Dost without articulating why an average person would find the images, taken as a
whole, appealed to the prurient interest and why they depicted "in a patently offensive way,
sexual conduct," when there is no sexual touching or conduct occurring in the images, should
this Court grant certiorari to set a benchmark regarding the "obscene to minors" doctrine to guide
courts about what these Miller criteria mean?

Question Presented (AI Summary)

Should the Dost factors be modified to prevent unconstitutional restrictions on First Amendment freedom of expression?

Docket Entries

2023-10-02
Petition DENIED.
2023-07-27
DISTRIBUTED for Conference of 9/26/2023.
2023-07-21
Waiver of right of respondent State of Connecticut to respond filed.
2023-07-10
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 11, 2023)

Attorneys

Michael R.
Conrad Ost SeifertSeifert & Hogan, Petitioner
State of Connecticut
Laurie Nadine FeldmanAppellate Office of the Chief State's Attorney, Respondent