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New York v. Ferber : ウィキペディア英語版
New York v. Ferber

''New York v. Ferber'', , is a precedential decision given by the United States Supreme Court, which ruled unanimously that the First Amendment right to free speech did not forbid states from banning the sale of material depicting children engaged in sexual activity.
==Procedural background==
New York had an obscenity law that made it illegal for an individual to "promote[] any performance which includes sexual conduct by a child less than sixteen years of age." Paul Ferber, an owner of an adult bookstore in Manhattan, was charged under the law after he sold an undercover police officer two films depicting young boys masturbating. He was charged with promoting both obscene sexual performances and indecent sexual performances. At trial, he was acquitted of the obscene sexual performance count but he was convicted of the indecent sexual performance count, and the conviction was affirmed by the intermediate appellate court. The New York Court of Appeals overturned the conviction, finding the obscenity law unconstitutional under the First Amendment because the law was both underinclusive as to other films of dangerous activity, and overbroad as to its application to materials produced out-of-state and non-obscene materials.

抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)
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