Section 12.

The State recognizes the sanctity of family life and shall protect and strengthen the family as a basic autonomous social institution. It shall equally protect the life of the mother and the life of the unborn from conception. The natural and primary right and duty of parents in the rearing of the youth for civic efficiency and the development of moral character shall receive the support of the Government. Ginsberg v. New York, 390 U.S. 629 (1968) F !TS" #Ginsberg and his $ife operated Sam%s Stationery and &uncheonette in 'ellmore( &ong Island $herein they sold magazines including those deemed to be )girlie). # Ginsberg $as convicted of selling )girlie) magazines to a 1*#year#old boy in violation of + ,-,#h of the .e$ /or0 1enal &a$. The statute ma0es it unla$ful )0no$ingly to sell . . . to a minor) under 12 )3a4 any picture . . . $hich depicts nudity . . . and $hich is harmful to minors() and )3b4 any . . . magazine . . . $hich contains 5such pictures6 and $hich( ta0en as a $hole( is harmful to minors.) ISS78" 9hether or not the sale of such obscene materials to minors is la$ful and if such sale is to be regulated by the state :7&I.G" The 9arren !ourt ruled that material that is not obscene may nonetheless be harmful for children( and its mar0eting may be regulated. In this case( the 7.S. Supreme !ourt recognized that the )po$er of the state to control the conduct of children reaches beyond the scope of its authority over adults() that the claim of parents )to direct the rearing of their children is basic in the structure of our society() and that the state )has an independent interest in the $ell#being of its youth.) 9ith these factors in mind( the !ourt held that the government can constitutionally prohibit )the sale to minors . . . of material defined to be obscene on the basis of its appeal to them $hether or not it $ould be obscene to adults.) In other $ords( the government can prohibit children from having access to certain types of se;ually e;plicit material that it cannot constitutionally ban for adults. 3a4 The State has po$er to ad<ust the definition of obscenity as applied to minors( for even $here there is an invasion of protected freedoms( )the po$er of the state to control the conduct of children reaches beyond the scope of its authority over adults.) 3b4 !onstitutional interpretation has consistently recognized that the parents% claim to authority in the rearing of their children is basic in our society( and the legislature could properly conclude that those primarily responsible for children%s $ellbeing are entitled to the support of la$s designed to aid discharge of that responsibility. 3c4 The State has an independent interest in protecting the $elfare of children and safeguarding them from abuses.