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New York Vs. Ferber
Cites for this judgment
- US Supreme Court
- Jul 02, 1982
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U.S. 747 (1982) U.S. Supreme Court New York v. FerberSearch
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U.S. 747 (1982) New York v. FerberSearch
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the standard of Miller v. CaliforniaSearch
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of material with serious literary, scientific, or educational value. The substantial overbreadth rule of Broadrick v. OklahomaSearch
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which follows the guidelines enunciated in Miller v. CaliforniaSearch
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portray sexual acts or lewd exhibitions of genitalia by children. Page 458 U. S. 754 A In Chaplinsky v. NewSearch
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Brief any citation in this list with AI Studio
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Id. at 315 U. S. 571 -572 (footnotes omitted). Embracing this judgment, the Court squarely held in Roth v. UnitedSearch
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Interstate Circuit, Inc. v. DallasSearch
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U. S. 676 , 390 U. S. 704 (1968) (opinion of Harlan, J.). See, e.g., Redrup v. NewSearch
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Miller v. CaliforniaSearch
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Ginsberg v. NewSearch
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Redrup v. NewSearch
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prohibited, but also to devise substantive limits on what fell within the permissible scope of regulation. In Miller v. CaliforniaSearch
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Globe Newspaper Co. v. SuperiorSearch
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of youth even when the laws have operated in the sensitive area of constitutionally protected rights. In Prince v. MassachusettsSearch
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literature on the street was valid notwithstanding the statute's effect on a First Amendment activity. In Ginsberg v. NewSearch
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justified special treatment of indecent broadcasting received by adults as well as children. FCC v. PacificaSearch
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Cf. United States v. DarbySearch
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Giboney v. EmpireSearch
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Young v. AmericanSearch
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U. S. 66 (1976) (opinion of STEVENS, J., joined by BURGER, C.J., and WHITE and REHNQUIST JJ.). See also FCC v. PacificaSearch
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Mini Theatres, Inc., supra, at 427 U. S. 66 . See Chaplinsky v. NewSearch
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S. 568 (1942). Leaving aside the special considerations when public officials are the target, New York Times Co. v. SullivanSearch
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U. S. 254 (1964), a libelous publication is not protected by the Constitution. Beauharnais v. IllinoisSearch
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laws, criminal responsibility may not be imposed without some element of scienter on the part of the defendant. Smith v. CaliforniaSearch
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Hamling v. UnitedSearch
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of Appeals recognized that overbreadth scrutiny has been limited with respect to conduct-related regulation, Broadrick v. OklahomaSearch
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While the construction that a state court gives a state statute is not a matter subject to our review, Wainwright v. StoneSearch
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little shrift. A state court is not free to avoid a proper facial attack on federal constitutional grounds. Bigelow v. VirginiaSearch
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ground that it may conceivably be applied unconstitutionally to others in situations not before the Court. Broadrick v. OklahomaSearch
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Carmichael v. SouthernSearch
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Co. v. JacksonSearch
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the personal nature of constitutional rights, McGowan v. MarylandSearch
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In United States v. RainesSearch
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quoting Barrows v. JacksonSearch
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Village of Schaumburg v. PageSearch
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the attack is clearly unprotected, and could be proscribed by a law drawn with the requisite specificity. Dombrowski v. PfisterSearch
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U.S. Supreme Court New York v. FerberSearch
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of Miller v. CaliforniaSearch
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of Broadrick v. OklahomaSearch
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A In Chaplinsky v. NewSearch
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