New York v. Ferber

Citation

458 U.S. 747 (1982)

Facts

Stub — to be completed.

Issue

Stub — to be completed.

Holding

Stub — to be completed.

Rule

States may prohibit the distribution of child pornography without meeting the Miller obscenity standard; child pornography is a category of speech unprotected by the First Amendment due to the compelling interest in protecting children from exploitation.

Significance

Created a new unprotected category of speech for child pornography; government interest in protecting children outweighs First Amendment concerns regardless of obscenity.

Courses