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Juvenile Law Commons

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Sexuality and the Law

Pace Law Review

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Full-Text Articles in Juvenile Law

Protecting Children? The Evolution Of The First Amendment: A Historical Timeline Of Children And Their Access To Pornography And Violence, Nicole Digiose Mar 2013

Protecting Children? The Evolution Of The First Amendment: A Historical Timeline Of Children And Their Access To Pornography And Violence, Nicole Digiose

Pace Law Review

This paper will explore the evolving relationship between children and their access to potentially harmful materials. The timeline will start at Part II.A with the landmark decision of Prince v. Massachusetts, a 1940’s case, wherein children were afforded the most constitutional protection. In Part II.B, this paper will evaluate another landmark decision: Ginsberg v. New York. In this 1968 case, the Supreme Court declared that children shall not have access to harmful, pornographic materials. By the 1990s, there appeared to be a notable shift in how the Supreme Court decided cases pertaining to children and their access to …