Lynn's defense has a history of creative interpretations of the first amendment. They successfully defended a man who edited kids into porn images for his enjoyment on free speech grounds.
"NH Supreme Court- Landmark First Amendment Victory"
Nice defense, but it probably doesn't apply here as that case involved images that were never intentionally distributed. These monkeyfuckers quite deliberately distribute their content as broadly as they possibly can.
There is also the element of sexual sadism to the level of psychopathy. That defendant was a sick weirdo, but at least marginally less bad than the monkeyfuckers.
Anyway, the actual opinion, since I'm not going to elaborate on possibly helpful First Amendment arguments for these scum:
State v. Zidel,
940 A.2d. 255 (Jan. 18, 2008).
I'll also note the specific issue is very narrow, and is to whether the images created by the disgusting freak in this case are specifically "child pornography" as opposed to something else, and whether he was guilty of possessing "child pornography."
The issue in this case involves deliberate distribution and procurement, specifically that the distributors actually paid for this material to be created, and the issue is not whether it fits some narrow definition of "child pornography" or whether the statute prohibits First Amendment protected behavior. Obscenity is, under case law, not protected, and I believe this is definitely obscenity that does not deserve protection.
While I hate to echo Potter Stewart saying "I know it when I see it," this is obscenity undeserving of protection. The only issue before the court should be whether the behavior being prosecuted matches the language the statute prohibits.
Sorry about elaborating when I said I wouldn't but this shit just pisses me off so much. I hate these goddamn "people." I can't even believe I share a species with these scum.
ETA (and subtract) to emphasize the repulsiveness of that dude, he took those pictures of minors in his job as a photographer for a camp.