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Abstract
| Argument: |
Tuesday, April 27, 1982
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| Decision: |
Friday, July 2, 1982 |
| Issues: |
First Amendment, Obscenity, State |
| Categories: |
criminal, first amendment, freedom of speech, obscenity |
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Advocates
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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.
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.