Facts of the Case
A New York child pornography law prohibited persons from knowingly promoting sexual performances by children under the age of sixteen by distributing material which depicts such performances.
Questions
Did the law violate the First and Fourteenth Amendments?
Conclusions
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No. In the Court's first examination of a statute specifically targeted against child pornography, it found that the state's interest in preventing sexual exploitation of minors was a compelling "government objective of surpassing importance." The law was carefully drawn to protect children from the mental, physical, and sexual abuse associated with pornography while not violating the First Amendment.
Turning Bad Into Good?
Intellectual Property Practice Group Newsletter - Volume 2, Issue 1, Spring 1998
In The Wife of Bath's Tale, Chaucer observes, "Forbede us thyng, and that desiren we."...