New York v. Ferber

In New York v. Ferber (1982), the U.S. Supreme Court upheld laws prohibiting child pornography, even if the material was not considered obscene under the Miller test. The Court affirmed that the government has a compelling interest in protecting children's well-being, which surpasses First Amendment protections for such material. This ruling established that child pornography, defined as any visual depiction of a minor engaging in sexually explicit activity, can be banned and severely punished due to its inherently harmful nature and exploitation of children. This contrasts with adult pornography, which is generally protected speech unless it meets the strict criteria for obscenity.12