452+case+brief+ferber

452+case+brief+ferber - New York v. Ferber 458 U.S. 747...

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New York v. Ferber 458 U.S. 747 (1982) The Facts : Ferber, the owner of an adult bookstore in Manhattan, was prosecuted for selling two films to an undercover police officer. The films depicted young boys masturbating. He was charged with violating a New York statute that prohibited any person from knowingly producing, promoting, directing, exhibiting, or selling any material depicting a “sexual performance” by a child under the age of 16. A jury found Ferber to be guilty of violating the statue, but not obscenity, and the Supreme Court unanimously upheld the conviction. The Issues : The issue at hand in this case is obscenity and the pornographic depiction of children. The Court held in Chaplinsky that, like fighting words, the First Amendment allowed the regulation of obscenity. Obscenity was defined in Miller v. California as materials that “if, taken as a whole and when applying contemporary community standards, lacks serious scientific, literary, artistic, or political value, is "patently offensive" and is aimed at "prurient interests". The Holding
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This note was uploaded on 01/12/2011 for the course COMM 452 taught by Professor Staff during the Fall '08 term at University of Michigan.

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452+case+brief+ferber - New York v. Ferber 458 U.S. 747...

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