HOME > First Amendment Library > Case   New York v. Ferber (docket #: 81-55) (1982)  [Findlaw] Secondary Link New York v. Ferber  [Legal Information Institute] Argument Date 04/27/1982 Decided 07/02/1982 Supreme Court Vote 9-0 Note In Osborne v. Ohio (1990) the Court extended Ferber to prohibit the possession of "child porn." In Ashcroft v. Free Speech Coalition (2002) the Court held that the rule of Ferber does not apply to pornography not produced with the use of real children. Supreme Court Ruling First Amendment claim denied.   Issue Whether a New York criminal statute that prohibits persons from knowingly promoting sexual performances by children under the age of 16 by distributing material which depicts such performances violates the First Amendment. Majority Opinion White, J. Concurring Opinion O'Connor, J, Brennan, J., & Stevens, J. Lower Court New York Court of Appeals Lower Court Ruling First Amendment claim affirmed Oral Arguments Oral Arguments  [Oyez] Lawyers For Petitioner Robert M. Pitler For Respondent Herald Price Fahringer For Amicus Bruce A. Taylor filed a brief for Charles H. Keating, Jr., et al. Michael A. Bamberger for the American Booksellers Association, Inc., et al. Opinion - Lower Court State v. Ferber, 422 N. E. 2d 523 (NY, 1981) News AP, "'Girls Gone Wild' video of under-18 girl ruled not child porn" AP, "Under bill, children in pornography wouldn't have to be real" (3-27-04) Barbash, Fred, "Justices Uphold Boycott by Blacks, 'Kiddie-Porn' Law; Obscenity Standards Need Not Be Violated," Washington Post, July 3, 1982, sect. A, p. 1 Greenhouse, Linda, "Justices Uphold Barring Child Pornograohy," New York Times, July 3, 1982, p. 36 Perlez, Jane, "Supreme Court Hears Case on Child-Pornography Law," New York Times, April 28, 1982, sect. B, p. 7 Other Dickson, Del, THE SUPREME COURT IN CONFERENCE (1940-1985): THE PRIVATE DISCUSSIONS BEHIND NEARLY 300 SUPREME COURT DECISIONS (2001), pp. 366-368 Schauer, Frederick, "Codifying the First Amendment: New York v. Ferber," 1982 Supreme Court Review 285 Tribe, Laurence, AMERICAN CONSTITUTIONAL LAW (2nd ed., 1988), pp. 914-915  SEARCH MORE About this site About the First Amendment About the First Amendment Center How to contribute Video/RSS/podcasts First Amendment programs State of the First Amendment reports Religious liberty in public schools First Reports Supreme Court Columnists Experts First Amendment publications First Amendment Center history Glossary Freedom Sings™ Events First Amendment Schools Congressional Research Service reports Guest editorials FOI material The First Amendment Library Lesson plans freedomforum.org Newseum Contact us Privacy statement Related links