The Oyez Project Virtual Tour of the Supreme Court Building

Abstract

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

Advocates

Herald P. Fahringer (Argued the cause for the respondent)
Robert M. Pitler (Argued the cause for the petitioner)

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.

Supreme Court Justice Opinions and Votes (by Ideology)

Sort by Seniority
(More information here)
Decision: 9 votes for New York, 0 vote(s) against
Legal Provision: Amendment 1: Speech, Press, and Assembly
Voted with the majority, joined Brennan's concurrence
Marshall
Wrote a special concurrence
Brennan
Voted with the majority
Blackmun
Wrote a special concurrence
Stevens
Wrote the majority opinion
White
Voted with the majority
Powell
Wrote a regular concurrence
O'Connor
Voted with the majority
Burger
Voted with the majority
Rehnquist
Full Opinion by Justice Byron R. White

Cite this page

The Oyez Project, New York v. Ferber, 458 U.S. 747 (1982),
available at: <http://www.oyez.org/cases/1980-1989/1981/1981_81_55/>
(last visited ).