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Facts of the case. A New York child pornography law prohibited persons from knowingly promoting sexual performances by children under the age of sixteen by distributing material which depicts such performances.
New York v. Ferber: Child pornography does not need to meet the obscenity test for laws that prohibit its advertisement, sale, and distribution to be valid under the First Amendment.
Ferber, 458 U.S. 747 (1982), was a landmark decision of the U.S Supreme Court, unanimously ruling that the First Amendment to the United States Constitution did not protect the sale or manufacture of child sexual abuse material (also known as child pornography) and that states could outlaw it.
Ferber, the owner of a bookstore specializing in sexually oriented products, was convicted under the New York Penal Law for selling films devoted exclusively to depicting young boys masturbating. Synopsis of Rule of Law. The States are entitled to greater leeway in regulating pornographic depictions of children than in regulating obscenity. ...
Paul Ira Ferber Petitioner's Claim That a state law restricting the sales and distribution of films and photographs containing children in sexually explicit scenes does not violate the First Amendment's protection of free speech.
The Respondent, Ferber (Respondent), was convicted of distributing child pornography in violation of New York state law. Synopsis of Rule of Law. Child pornography is obscene without exception.
19 maj 2008 · Decided: March 29, 2000. Whether the city of Erie's ban on public nudity violates the First Amendment or is a valid exercise of the city's power to regulate harmful secondary effects associated with nude-dancing establishments.
