Search results
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.
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.
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.
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, 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. ...
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.
Ferber (D) a proprietor of a Manhattan bookstore specializing in sexually oriented products sold two films of young boys masturbating. D was indicted under a New York law controlling the dissemination of pornography.
