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Rubin Gottesman Case

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In 1989 Rubin Gottesman was arrested for the exposure of a minor on his website X-excitement where he is the operator of. He was caught by the police who were targeting Gottesman. The police had been investigating the pornographic site owner till Gettemans made a mistake. Gottesman was asked by the police then Gottesman says that he knows nothing of the videos. Little did he know that the person he was selling Forty-nine tapes to was undercover police officers. The police officer went into the video game store asking Gottesman for tapes of Traci Lords when she was a minor, and so he went on to get them and sell the two tapes. The police officer then told Gottesman to send some tapes to Hawaii, in which did also. This what got him …show more content…

In the background of the case, it was stated that it is the court's responsibility to “weigh the the value of the speech” due to the harm it has caused. It was said that there are many forms of speech and that it should protect by whatever the subject matter is happening. This is not saying that the Circuit Court believes what this man had done was not distasteful but they feel as if they can not break the rules of their constitution. It is said that despite pornography being a serious matter that it's a protected class of speech in politics. The sides of the story went back and forth with information regarding other cases similar to it such as United States v. Thomas; but the fact is some believed that they were going by the constitution and the court is reading the situation as if he did get the speech America promises. Other believes the fact of him knowingly did this is all they really need. The conclusion of the case was that stated by the supreme court, which said it was inappropriate to invalidate the first amendment and that a sexual crime, especially against a child, is a very serious

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