NEW YORK v. FERBER

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Case Basics
Docket No. 
81-55
Petitioner 
New York
Respondent 
Ferber
Advocates
(Argued the cause for the petitioner)
(Argued the cause for the respondent)
Tags
Term:
Location: Bookstore
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.

Question 

Did the law violate the First and Fourteenth Amendments?

Conclusion 
Decision: 9 votes for New York, 0 vote(s) against
Legal provision: Amendment 1: Speech, Press, and Assembly

No. In the Court's first examination of a statute specifically targeted against child pornography, it found that the state's interest in preventing sexual exploitation of minors was a compelling "government objective of surpassing importance." The law was carefully drawn to protect children from the mental, physical, and sexual abuse associated with pornography while not violating the First Amendment.

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NEW YORK v. FERBER. The Oyez Project at IIT Chicago-Kent College of Law. 27 July 2014. <http://www.oyez.org/cases/1980-1989/1981/1981_81_55>.
NEW YORK v. FERBER, The Oyez Project at IIT Chicago-Kent College of Law, http://www.oyez.org/cases/1980-1989/1981/1981_81_55 (last visited July 27, 2014).
"NEW YORK v. FERBER," The Oyez Project at IIT Chicago-Kent College of Law, accessed July 27, 2014, http://www.oyez.org/cases/1980-1989/1981/1981_81_55.