If the First Amendment case of New York v Ferber, 458 US 747 (1982), describes the essential elements required for 'all legislation in [the] sensitive area' of producing images of minors, then how can a charging document allege a cognizable offense related to a parent's candid filming of their own child without alleging the essential elements required by New York v Ferber?

QUESTIONS PRESENTED . 1. If the First Amendment case of New York v Ferber, 458 US 747 (1982), describes the essential elements required for "all legislation in [the] sensitive area” of producing images of minors, then how can a charging document allege a cognizable offense related to a parent's candid filming of their own child without alleging the essential elements required by New York v Ferber? 2. If the First Amendment case of United States v O'Brien, 391 US 367 (1968), requires that a law regulating conduct which incidentally infringes on expression must pass a four part test to be justified in limiting the expression, then what justification exists for a court to take jurisdiction over a parent’s candid filming of | their own child under a law that itself fails the O'Brien test? 3. If the case of Morton v Mancari, 417 US 535 (1974), held that “a specific statute...is not controlled or nullified by the general flaw], and the State of Maryland enacted specifie laws which set the extent of the State's right to protect children against filming which constitutes sexual exploitation and protects parents who film their own child in the nude, then how can a charging document describe a ; cognizable offense related to a parent's filming of their own child under a general law, which itself nullifies the specific ones? 4. If the case of Ashcroft v Free Speech Coalition, 535 US 234 (2002), held that a law cannot: prohibit “materials beyond the ‘categories recognized in Ferber and Miller," then how is Maryland's sexual abuse of a minor law, CL § 3-602, not overbroad. as construed to prohibit depictions of minors that are neither obscene under Miller, nor child pornography under Ferber? : t