William J. Brennan, Jr.

“ The Court today finds Stanley inapposite on the ground that "the interests underlying child pornography prohibitions far exceed the interests justifying the Georgia law at issue in Stanley." Ante, at 108. The majority's analysis does not withstand scrutiny. [16] While the sexual exploitation of children is undoubtedly a serious problem, Ohio may employ other weapons to combat it. Indeed, the State already has enacted a panoply of laws prohibiting the creation, sale, and distribution of child pornography and obscenity involving minors. ”

“ We are not convinced that such difficulties exist, but even if they did we do not think that they would justify infringement of the individual's right to read or observe what he pleases. Because that right is so fundamental to our scheme of individual liberty, its restriction may not be justified by the need to ease the administration of otherwise valid criminal laws. ”

“ The New York law at issue in Ferber criminalized the use of a child in a " ' [s ] exual performance,' " defined as " 'any performance or part thereof which includes sexual conduct by a child less than sixteen years of age.' " 458 U.S., at 751, 102 S.Ct., at 3351 (quoting N.Y.Penal Law § 263.00 (1) (McKinney 1980) ) . " ' "Sexual conduct " ' " was in turn defined as " 'actual or simulated sexual intercourse, deviate sexual intercourse, sexual bestiality, masturbation, sado-masochistic abuse, or lewd exhibition of the genitals.' " 458 U.S., at 751, 102 S.Ct., at 3351 (quoting § 263.00 (3) ) . ”