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Constitutional Law Keyed to Maggs
New York v. Ferber
Citation:
458 U.S. 747 (1982)Facts
Paul Ferber, the proprietor of a Manhattan bookstore specializing in sexually oriented products, sold two films to an undercover police officer. The films are devoted almost exclusively to depicting young boys masturbating. Ferber was indicted on two counts of violating the New York criminal statute. New York criminal statute prohibits persons from knowingly promoting sexual performances by children under the age of 16 by distributing material which depicts such performances. After a trial, Ferber was acquitted of promoting an obscene sexual performance, but found guilty on other counts which did not require proof that the films were obscene.
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