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Landmark decision of the U.S Supreme Court
- New York v. 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.
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New York v. 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.
This case arose when Paul Ferber, the proprietor of a Manhattan Page 458 U. S. 752 bookstore specializing in sexually oriented products, sold two films to an undercover police officer. The films are devoted almost exclusively to depicting young boys masturbating.
Citation458 U.S. 747, 102 S. Ct. 3348, 73 L. Ed. 2d 1113, 1982 U.S. Brief Fact Summary. 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.
Jan 1, 2009 · New York v. Ferber, 458 U.S. 747 (1982), is the foundational decision in which the Supreme Court held that the First Amendment does not protect child pornography. The Court reasoned such material was not protected — even if not obscene — because of its link to the sexual abuse of children.
FERBER is a case that was decided by the Supreme Court of the United States on July 2, 1982. The case was argued before the court on April 27, 1982. In a 9-0 ruling, the U.S. Supreme Court reversed the ruling of the lower court and remanded the case for further proceedings consistent with the Court's opinion.
In New York v. Ferber (1982), the Supreme Court upheld the use of strict standards of obscenity in cases involving children, maintaining that the government’s interest in protecting children was “compelling” and “surpassing.”
Summary: New York v. Ferber, 458 U.S. 747 (1982), is a precedential decision given by the United States Supreme Court, which ruled unanimously that the First Amendment right to free speech did not forbid states from banning the sale of material depicting children engaged in sexual activity, even if the material was not obscene. CASE DETAILS.
