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New York v. Ferber (docket #: 81-55) (1982)  [Findlaw]

Secondary Link New York v. Ferber  [Legal Information Institute]
Argument Date 04/27/1982
Decided 07/02/1982
Supreme Court Vote 9-0
Note In Osborne v. Ohio (1990) the Court extended Ferber to prohibit the possession of "child porn." In Ashcroft v. Free Speech Coalition (2002) the Court held that the rule of Ferber does not apply to pornography not produced with the use of real children.
Supreme Court Ruling First Amendment claim denied.
 
IssueWhether a New York criminal statute that prohibits persons from knowingly promoting sexual performances by children under the age of 16 by distributing material which depicts such performances violates the First Amendment.
Majority Opinion White, J.
Concurring Opinion O'Connor, J, Brennan, J., & Stevens, J.
Lower Court New York Court of Appeals
Lower Court Ruling First Amendment claim affirmed
Oral Arguments Oral Arguments  [Oyez]
Lawyers
For Petitioner
Robert M. Pitler

For Respondent
Herald Price Fahringer

For Amicus
Bruce A. Taylor filed a brief for Charles H. Keating, Jr., et al.

Michael A. Bamberger for the American Booksellers Association, Inc., et al.

Opinion - Lower Court
State v. Ferber, 422 N. E. 2d 523 (NY, 1981)
News
AP, "'Girls Gone Wild' video of under-18 girl ruled not child porn"

AP, "Under bill, children in pornography wouldn't have to be real" (3-27-04)

Barbash, Fred, "Justices Uphold Boycott by Blacks, 'Kiddie-Porn' Law; Obscenity Standards Need Not Be Violated," Washington Post, July 3, 1982, sect. A, p. 1
Greenhouse, Linda, "Justices Uphold Barring Child Pornograohy," New York Times, July 3, 1982, p. 36
Perlez, Jane, "Supreme Court Hears Case on Child-Pornography Law," New York Times, April 28, 1982, sect. B, p. 7
Other
Dickson, Del, THE SUPREME COURT IN CONFERENCE (1940-1985): THE PRIVATE DISCUSSIONS BEHIND NEARLY 300 SUPREME COURT DECISIONS (2001), pp. 366-368
Schauer, Frederick, "Codifying the First Amendment: New York v. Ferber," 1982 Supreme Court Review 285
Tribe, Laurence, AMERICAN CONSTITUTIONAL LAW (2nd ed., 1988), pp. 914-915
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