ERIC Number: ED234913
Record Type: Non-Journal
Publication Date: 1983
Reference Count: N/A
Child Pornography. Hearing on S. 2856, before the Subcommittee on Juvenile Justice of the Committee of the Judiciary, United States Senate, Ninety-Seventh Congress, Second Session (December 10, 1982).
Congress of the U.S., Washington, DC. Senate Committee on the Judiciary.
This hearing, the third in a series, was held to further consider proposed legislation (S. 2856) amending the Sexual Exploitation of Children Act of 1977. Specifically, federal child pornography laws were examined to determine how the interests of children could best be protected without unduly restricting First Amendment guarantees of freedom of speech and expression. Testimony explored issues generated by the decision of the Supreme Court in the case of New York versus Ferber. In that decision, the Court ruled that the states constitutionally could ban the distribution of sexually explicit material depicting minors, even if the material was not legally obscene. The 1977 federal statute against child pornography covered only legally obscene material. In view of the fact that the Ferber decision gave Congress the power to extend the statute to cover non-obscene sexually explicit depictions of children, the issue set before the committee was whether or not the coverage should be extended by Congress. Two questions guided the inquiry: (1) is the volume of non-obscene child pornography significant enough to justify commitment of enforcement resources to that area? and (2) Precisely what material should be prohibited? Approximately half of the document consists of material from court records concerning the book, "Show Me! A Picture Book of Sex for Children and Parents." (RH)
Publication Type: Legal/Legislative/Regulatory Materials
Education Level: N/A
Authoring Institution: Congress of the U.S., Washington, DC. Senate Committee on the Judiciary.