NEW YORK v. FERBER

No. 81-55.

458 U.S. 747 (1982)

NEW YORK v. FERBER

Supreme Court of the United States.

Decided July 2, 1982.


Attorney(s) appearing for the Case

Robert M. Pitler argued the cause for petitioner. With him on the briefs was Mark Dwyer.

Herald Price Fahringer argued the cause for respondent. With him on the brief was Paul J. Cambria, Jr.*


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

In recent years, the exploitive use of children in the production of pornography has become a serious national problem...

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