Also known as:panders · pandered · pandering · procuring · pimping
Written by attorneys · grounded in primary & secondary sources — see below
Commercial exploitation of sexually oriented material solely for its prurient appeal, as shown through advertising, instructions to authors, or targeted audience selection.
Sources & Authorities
How it applies
Common Examples
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Unique Advertising Contract Breach
Pearl Porter contracted with Pulse Media for a one-of-a-kind advertising campaign featuring targeted prurient content. Pulse Media breached by refusing to deliver the campaign and offered only market-value damages. Because a comparable substitute campaign matching the specific audience targeting and creative elements could not be readily obtained elsewhere, the court found damages inadequate and ordered specific performance.
Scholarship Funding Dispute
Peter Park received state scholarship funds conditioned on avoiding certain pandering activities in his studies. When the state revoked the funds after discovering pandering elements in his work, Park challenged the revocation as violating free exercise protections. The court upheld the revocation because the condition targeted conduct rather than belief.
Select any source to read its text and confirm it supports the definition.
Cases
Model Codes
Restatements
Casebooks
Hornbooks
Study Supplements
Locke v. Davey540 U.S. 712 (2004)
Workplace Inspection Challenge
Paul Peterson operated a business distributing materials that pandered to prurient interests. OSHA inspectors arrived without a warrant to examine the premises. Peterson refused entry, arguing the inspection violated Fourth Amendment protections against warrantless searches.
Marshall v. Barlow’s, Inc.436 U.S. 307 (1978)
Out-of-State Advertisement Ban
Patricia Patel published an advertisement in State A promoting services that pandered to prurient interests. State A prosecuted her under a statute banning such ads. The court struck down the prosecution because the First Amendment protects commercial speech about lawful activity in another state.
Bigelow v. Virginia421 U.S. 809 (1975)
State Market Participation
Penelope Price, a state-owned entity, sold goods that pandered to prurient interests only to in-state buyers. An out-of-state purchaser challenged the restriction as violating the dormant Commerce Clause. The court upheld the policy because the state was acting as a market participant rather than a regulator.
Reeves, Inc. v. William Stake447 U.S. 429 (1980)
Fraudulent Religious Promotion
Patrick Phan promoted religious materials that pandered to prurient interests while claiming spiritual benefits. Followers sued alleging fraud in the promotion. The court examined whether the claims were sincerely held beliefs or deliberate commercial exploitation.
United States v. Ballard322 U.S. 78, 64 S.Ct. 882, 88 L.Ed. 1148
Common questions
Frequently Asked
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What evidence shows that material is being pandered?+
Advertising, instructions to authors, and targeted audience selection that focus solely on prurient appeal are probative of pandering. This evidence helps determine whether material is obscene by revealing the purveyor's own assessment of its nature.
How does pandering factor into the Miller test for minors?+
Under COPA, material is harmful to minors if it is designed to appeal to or pander to the prurient interest of minors, depicts sexual acts in a patently offensive way with respect to minors, and lacks serious value for minors. Pandering is one element of the modified Miller standard.
Does pandering always make broadcast content sanctionable?+
No. Pandering or titillating presentation weighs in favor of an indecency finding, but context such as news or cultural commentary may reduce the risk of sanction even when material is explicit. Timing when children are likely present remains critical.
410 U.S. 113 (1973)Constitutional Law
…woman's womb or that a premature birth thereof be caused. "Art. 1192. Furnishing the means "Whoever furnishes the means for procuring an abortion knowing the purpose intended is guilty as an accomplice. "Art. 1193. Attempt at abortion "If the means used shall fail to produce an abortion, the offender is nevertheless…