{[ promptMessage ]}

Bookmark it

{[ promptMessage ]}

452+case+brief+ferber - New York v Ferber 458 U.S 747(1982...

Info icon This preview shows pages 1–2. Sign up to view the full content.

View Full Document Right Arrow Icon
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".
Image of page 1

Info icon This preview has intentionally blurred sections. Sign up to view the full version.

View Full Document Right Arrow Icon
Image of page 2
This is the end of the preview. Sign up to access the rest of the document.

{[ snackBarMessage ]}

What students are saying

  • Left Quote Icon

    As a current student on this bumpy collegiate pathway, I stumbled upon Course Hero, where I can find study resources for nearly all my courses, get online help from tutors 24/7, and even share my old projects, papers, and lecture notes with other students.

    Student Picture

    Kiran Temple University Fox School of Business ‘17, Course Hero Intern

  • Left Quote Icon

    I cannot even describe how much Course Hero helped me this summer. It’s truly become something I can always rely on and help me. In the end, I was not only able to survive summer classes, but I was able to thrive thanks to Course Hero.

    Student Picture

    Dana University of Pennsylvania ‘17, Course Hero Intern

  • Left Quote Icon

    The ability to access any university’s resources through Course Hero proved invaluable in my case. I was behind on Tulane coursework and actually used UCLA’s materials to help me move forward and get everything together on time.

    Student Picture

    Jill Tulane University ‘16, Course Hero Intern