Case law · Highest court · Federal

New York v. Ferber

Decided
July 2, 1982
Docket
81-55
Status
Published
Jurisdiction
Federal

Cited 2,505 timesNo negative treatment found in this library

What later courts said

  • holding that a statute “should not be invalidated for overbreadth unless it reaches a substantial number of impermissible applications” — United States v. Malloy (2009)
  • concluding that pornography which is created by using actual children is not constitutionally protected speech — State v. Pickett (2007)
  • recognizing that the state has a compelling interest in safeguarding the physical and psychological well-being of children — Fortin v. Roman Catholic Bishop of Portland (2005)

Each line is a later court’s own words about this case, not a summary. Read the opinion before relying on it.

How the opinion begins

[*749] Justice White delivered the opinion of the Court.

At issue in this case is the constitutionality of a New York criminal statute which prohibits persons from knowingly promoting sexual performances by children under the age of 16 by distributing material which depicts such performances.

I

Statutes cited

Cite this

New York v. Ferber, 458 U.S. 747 (1982)

Read the full opinion

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