New York v. Ferber

Media Items
Oral Argument
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Advocates
Robert M. Pitler (Argued the cause for the petitioner)
Herald P. Fahringer (Argued the cause for the respondent)
Case Basics
Docket No.: 
81-55
Petitioner: 
New York
Respondent: 
Ferber
Decided By: 
Burger Court (1981-1986)
Opinion: 
458 U.S. 747 (1982)
Categories: 
obscenity, freedom of speech, criminal, first amendment

Cite this page
The Oyez Project, New York v. Ferber , 458 U.S. 747 (1982)
available at: (http://oyez.org/cases/1980-1989/1981/1981_81_55)
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: 

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.

Decisions

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

Sort by Ideology

Voted with the majority
Burger
Wrote a special concurrence
Brennan
Wrote the majority opinion
White
Voted with the majority, joined Brennan's concurrence
Marshall
Voted with the majority
Blackmun
Voted with the majority
Powell
Voted with the majority
Rehnquist
Wrote a special concurrence
Stevens
Wrote a regular concurrence
O'Connor

Full Opinion by Justice Byron R. White