Resolution 2413 - Laserfiche WebLink

1 know that it is likely to be statutory rape, a felony, and 2 directly contrary to societal norms evidenced by the most severe 3 standards of the criminal law. One need not be particularly ima- 4 ginative to see that films of this particular nature are not 5 suitable in the vicinity of a high school or an elementary school . 6 One of the very legitimate interests of Renton is in the security 7 of its citizens, young and old alike. In the recent case of New York v. Ferber , 102 Sup. Ct. 3348 9 ( 1982) , Justice White in delivering the opinion of the court which 10 approved the constitutionality of a New York statute prohibiting . 11 persons from knowingly promoting a sexual performance by achild 12 under the age of 16 by distributing material which depicted such a 13 performance stated , at p. 3354 , "First , it is evident beyond the need for elabora- 14 tion that a state ' s interest in ' safeguarding the 1S physical and psychological well-being of a minor ' is ` compelling . ' Globe Newspapers vs . The Superior Court , U .S. 102 16 Sup. Ct. 2613 , 2621, 72 L. Ed . 2d ( 1982) 'A 17 democratic society rests, for its continuance upon the healthy, well-rounded growth of young people 18 into full maturity as citizens . ' Prince v. Massachusetts , 321 U .S . 158 , 168 , 64 Sup. Ct. 438 , 19 443, 88 L. Ed. 645 ( 1944 ) . 20 Accordingly, we have sustained legislation aimed at protecting the physical and emotional well-being of youth, even when the laws have operated in the sen- 21 sitive area of constitutionally protected rights . . . 22 In Ginsberg v. New York, 390 U .S. 629 , 88 Sup. Ct. 1274 , 20 L. Ed . 2d 195 ( 1968 ) , we sustained a New York law protecting children from exposure to non- 23 obscene literature. Most recently, we held that the 24 government ' s interest in the 'well being of its youth' justified special treatment of indecent 25 broadcasting received by adults as well as children. FCC v. Pacifica Foundation, 438 U .S. 726 , 98 Sup. 26 Ct. 3026 , 57 L. Ed . 2d, 1073 ( 1978 ) . 27 "The prevention of sexual exploitation and abuse of children constitutes a government objective of sur- passing importance. The legislative findings accom- 28 panying passage of the New York laws reflect this 29 concern: 'There has been a proliferation of children as subjects in sexual performances . The care of 30 children is a sacred trust and should not be abused by those who seek to profit through a commercial 31 network based on the exploitation of children. The public policy of the State demands the protection of children from exploitation through sexual 32 performances . ' Laws of New York 1977 , Chapter 910 , 33 Section I . " MEMORANDUM DECISION - 9 0