Williams , Everything Else. The statute subjects to criminal punishment any person who "knowingly advertises, promotes, distributes, or solicits any material or purported material in a manner that reflects the belief, or that is intended to cause another to believe, that the material or purported material is, or contains — i an obscene visual depiction of a minor engaging in sexually explicit conduct; or ii a visual depiction of an actual minor engaging in sexually explicit conduct. The parties dispute what happened next. United States Lagos v. So construed, the Court concluded, the statute only prohibits solicitations or offers relating to materials that the defendant believes, and intends others to believe, are materials Congress could constitutionally prohibit anyone from possessing. Thus, it suggests that Agent Kennedy's instructions were only that the IT employees should secure the copy he thought had already been made.
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United States, U. Given the district court's factual findings, we treat Softich and Schneider as de facto government agents. The government argues in its brief:. Albrecht Mount Lemmon Fire District v. These exceptions leads to another:
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UNITED STATES v. ZIEGLER
The Court thought the fact that the office was shared with a few other individuals to be of no constitutional distinction. The government argues in its brief:. National Collegiate Athletic Association Murphy v. Mancusi compels us to recognize that in the private employer context, employees retain at least some expectation of privacy in their offices. This testimony makes clear that Ziegler's superiors at Frontline, in particular Reavis, an officer of the company, gave consent to a search of the property that the company owned and which was not of a personal nature.
Description:Reavis, a corporate officer with a key to Ziegler's office, did consent to the search. Navarro Epic Systems Corp. So construed, the Court concluded, the statute only prohibits solicitations or offers relating to materials that the defendant believes, and intends others to believe, are materials Congress could constitutionally prohibit anyone from possessing. The defendant admitted that he had been using publicly available peer-to-peer software to download, possess, and view child pornography. The remaining question is, given Frontline's ability to consent to a search, did it consent to a search of the office and the computer. Softich also informed Kennedy that the IT department had already placed a monitor on Ziegler's computer to record its Internet traffic by copying its cache files.