Ban of adult pornography struck down by 2nd Circuit

One of the most common conditions of supervised release to be vacated on appeal is one related to a ban of pornography - adult or child. In United States v. Magner, 455 Fed. Appx. 131 (2nd Cir. 2012), the Second Circuit vacated and remanded a condition that prevented access to "any 'website depicting images of nude adults or minors.'" Noting that this could forbid access to, for example, "art museum websites," the appeals court found it too vague.

In a Sixth Circuit case (discussed here in a previous post), the court struck down a ban on any material that "depicts or alludes to sexual activity." The court found this ban could prevent access to advertising, certain parts of the Bible, music, and soap operas.

Courts have held, however, that it is proper to restrict access to adult pornography - especially in the context of child pornography convictions.