Ateneo de Zamboanga University | College of Law | CASE DIGEST

Title of the Case: Ginsberg, petitioner,

vs.

New York, respondent,

G.R. No. and Date: 390 U.S. 629 (1968)

Ponente:
Legal Doctrine:

FACTS:

 The state of New York had an ordinance which outlawed the sale of material deemed obscene to
minors under 17 years of age.
 Appellant store owner was found guilty of selling an obscene magazine to a sixteen year old boy.
 Appellant argued that the ordinance violated the constitutional freedom of expression. He contended
that the right to see or read material associated with sex should not be determined on the person’s
age. The trial court deemed the law constitutional and the appellate court affirmed. The Supreme
Court granted certiorari.

ISSUE:

 Is the New York ordinance a violation of the constitution?

HELD:

 No. It was constitutionally permissible for New York, insofar as N.Y. Penal Law 484-h does so, to accord
minors under 17 a more restricted right than that assured to adults to judge and determine for
themselves what sex material they may read or see. The state has an independent interest in
protecting the welfare of children and safeguarding them from abuses. It further held that it was
reasonable for the state to consider such material obscene, even if it is not so for adults

IAN VILLARES