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.
The owner of an adult bookstore in New York City, Paul Ferber, sold a film showing the masturbation of children to a buyer who turned out to be an undercover police officer.
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.
At issue in this case is the constitutionality of a New York criminal statute which prohibits persons from knowingly promoting sexual performances by children under the age of 16 by distributing material which depicts such performances.
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.
