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Re: Supreme Courts decisions about sex, child porn

Posted by Will Robinson on 2017-February-23 20:37:49, Thursday
In reply to Supreme Courts decisions about sex, child porn posted by Eric Tazelaar on 2017-February-23 09:34:38, Thursday

Great article!

Glad to see the website is still alive.

I've become somewhat of an expert on New York v. Ferber (1982) because of my research into the Show Me! book. That decision was the beginning of the end, especially considering it was unanimous and the two liberal warhorses, Brennan and Marshall, signed on to it. Some scholars have opined that since it was the start of the Reagan era, Brennan and Marshall were trying to conserve their political capital and energy to preserve some of the rest of the legacy of the Warren court, and decided to jettison the unpopular First Amendment protection of (non-obscene) "child pornography."

It's worth noting that the New York Court of Appeals courageously supported Ferber's right to distribute non-obscene sexual depictions of kids. The New York decision is often overlooked because the US Supreme Court reversed it.

Sometimes I think we here in NY would be better off without the Feds, especially now in the Age of King Donald.


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