New York v. Ferber
| New York v. Ferber | |
|---|---|
| Argued April 27, 1982 Decided July 2, 1982 | |
| Full case name | New York, Petitioner v. Paul Ira Ferber |
| Citations | 458 U.S. 747 (more) 102 S. Ct. 3348; 73 L. Ed. 2d 1113; 1982 U.S. LEXIS 12; 50 U.S.L.W. 5077; 8 Media L. Rep. 1809 |
| Argument | Oral argument |
| Case history | |
| Prior | Defendant convicted at trial; conviction upheld by Appellate Division of the New York State Supreme Court. 74 App. Div. 2d 558, 424 N. Y. S. 2d 967 (1980); reversed by New York Court of Appeals, 52 N.Y.2d, at 681, 422 N.E.2d; cert. granted, 452 U.S. 1052 (1982). |
| Subsequent | Conviction affirmed |
| Holding | |
| State interest in protecting children allows laws prohibiting distribution of images of sexual performances by minors even where content does not meet tests of obscenity. | |
| Court membership | |
| |
| Case opinions | |
| Majority | White, joined by Burger, Powell, Rehnquist, O'Connor |
| Concurrence | O'Connor |
| Concurrence | Brennan (in judgment), joined by Marshall |
| Concurrence | Blackmun (in result) |
| Concurrence | Stevens (in judgment) |
| Laws applied | |
| U.S. Const. amend. I | |
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.