3 ms·
Actually SCOTUS has ruled that laws banning obscene material are permitted under the 1st amendment. There is 3 part test. The SCOTUS actually heard appeals on
by LatteLazy 5y ago
Actually SCOTUS has ruled that laws banning obscene material are permitted under the 1st amendment.
There is 3 part test.
The SCOTUS actually heard appeals on the "obscenity" of material on a case by case basis for a while decades back.
More specific to this case is the PROTECT act [1]. I don't know whether it's every been ruled against or whether SCOTUS has accepted that all depictions of minors are obscene...
[1] https://en.wikipedia.org/wiki/Legal_status_of_fictional_pornography_depicting_minors https://en.wikipedia.org/wiki/Legal_status_of_fictional_porn...
(see the US under Grey Area.)