First Circuit: Sullivan v. Marchilli

Souter, Habeas, Crim

State court did not unreasonably apply federal law on the issue, as the allegedly vague prohibition is found in the federal caselaw as well.

Due Process argument that the court would not have determined the image to fall within the statute if the proper First Amendment limits had been followed is irrelevant, since the state appellate review did not unreasonably apply the governing law.


Sullivan v. Marchilli