> the judicial system has not found that they shouldn't exist and no attempt has been made to bring about such a decision. I would argue this isn't necessarily

> the judicial system has not found that they shouldn't exist and no attempt has been made to bring about such a decision. I would argue this isn't necessarily true. "I know it when I see it" -- the famous quote in a SCOTUS decision on pornography/indecency is interpreted to give local communities the ability to determine what is decent/legal. In other words, there is no one court/legal standard; it varies based on regional local standards.