NCJ Number
137917
Journal
Journal of Juvenile Law Volume: 7 Issue: 2 Dated: (1983) Pages: 227-231
Date Published
1983
Length
5 pages
Annotation
In New York v. Ferber, the U.S. Supreme Court resolved the question of the constitutionality of a statute aimed at combating the child pornography problem.
Abstract
The U.S. Supreme Court rejected Ferber's argument that the State only can prohibit the distribution of materials found to be obscene under the standards enunciated in Miller v. California and held that the Miller standard fails to provide protection to a child who has been exploited and abused, both physically and psychologically, and that this is the overriding issue. Paramount concern for the welfare of the child victim or subject of such material emerges as the central theme behind the Court's decision and the statutes of the various States aimed at the national problem of child pornography. This theme promotes and is reinforced by the Court's conclusion that such material, even if not obscene, is beyond the protection of the first amendment and can be prohibited at both the production level and point of distribution. 19 footnotes