New York v. Ferber

Summary

The Court held that New York may constitutionally prohibit the knowing promotion and distribution of visual depictions of children engaged in specified sexual conduct, even when the material is not legally obscene. Child pornography is outside First Amendment protection because the State has a compelling interest in preventing child exploitation, the distribution of such material perpetuates the harm and facilitates production, and the statute targets a narrowly defined category. The Court also held that the statute was not substantially overbroad and reversed the state court judgment.