Cite as: 503 U. S. 540 (1992)
Syllabus
and the Government has failed to carry its burden of proving predisposition independent of its attention. The preinvestigation evidence— the Bare Boys magazines—merely indicates a generic inclination to act within a broad range, not all of which is criminal. Furthermore, Jacobson was acting within the law when he received the magazines, and he testified that he did not know that they would depict minors. As for the evidence gathered during the investigation, Jacobson's responses to the many communications prior to the criminal act were at most indicative of certain personal inclinations and would not support the inference that Jacobson was predisposed to violate the Child Protection Act. On the other hand, the strong arguable inference is that, by waving the banner of individual rights and disparaging the legitimacy and constitutionality of efforts to restrict the availability of sexually explicit materials, the Government not only excited Jacobson's interest in material banned by law but also exerted substantial pressure on him to obtain and read such material as part of the fight against censorship and the infringement of individual rights. Thus, rational jurors could not find beyond a reasonable doubt that Jacobson possessed the requisite predisposition before the Government's investigation and that it existed independent of the Government's many and varied approaches to him. Pp. 548-554.
916 F. 2d 467, reversed.
White, J., delivered the opinion of the Court, in which Blackmun, Stevens, Souter, and Thomas, JJ., joined. O'Connor, J., filed a dissenting opinion, in which Rehnquist, C. J., and Kennedy, J., joined, and in which Scalia, J., joined except as to Part II, post, p. 554.
George H. Moyer, Jr., argued the cause and filed briefs for petitioner.
Paul J. Larkin, Jr., argued the cause for the United States. With him on the brief were Solicitor General Starr, Assistant Attorney General Mueller, Deputy Solicitor General Bryson, and Vicki S. Marani.*
*Bennett L. Gershman, Steven R. Shapiro, and John A. Powell filed a brief for the American Civil Liberties Union et al. as amici curiae urging reversal.
Gregory U. Evans, Daniel B. Hales, George D. Webster, Jack E. Yelverton, Fred E. Inbau, Wayne W. Schmidt, Bernard J. Farber, and James P.
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