Constitutional Law - Child Pornography and the First Amendment: Abrogation of the Obscenity Doctrine in New York v. Ferber
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Authors
Ginn, Robert W.
Issue Date
1983
Volume
16
Issue
Type
Journal Article
Language
Keywords
Alternative Title
Abstract
INTRODUCTION|A New York statute prohibits both the production and the promotion or dissemination of materials in which a child portrays a "sexual act" in a manner not necessarily obscene. The purpose of the statute is to protect the child models from harm and sexual abuse. In People v. Ferber, the New York Court of Appeals determined the statute was unconstitutional because it prevented the distribution of materials protected by the first amendment. The United States Supreme Court reversed, holding that sexual materials depicting children are not entitled to constitutional protection. This comment will explore the constitutionality of the New York statute and discuss the significance and infirmities of the Ferber decision. In 1977, the public was alerted to the problem of the sexual abuse of children that resulted from the production of "kiddie porn." Public outcry stimulated hasty legislative response. Congress and forty-eight states have passed laws dealing with child pornography. Nineteen states, including New York, prohibit the production and dissemination of all sexually explicit materials involving children, regardless of whether it is obscene...
Description
Citation
16 Creighton L. Rev. 509 (1982-1983)
Publisher
Creighton University School of Law