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Porn is a form of speech, and speech is protected by the constitution.
by CGamesPlay 4y ago
Porn is a form of speech, and speech is protected by the constitution.
- shp0ngle 4y agoThere are existing obscenity laws that are constitutional. Not all speech is allowed. https://en.m.wikipedia.org/wiki/Miller_test https://en.m.wikipedia.org/wiki/Miller_test From that wikipedia page: —- The Miller test was developed in the 1973 case Miller v. California.[3] It has three parts: Whether "the average person, applying contemporary community standards", would find that the work, taken as a whole, appeals to the prurient interest, Whether the work depicts or describes, in a patently offensive way, sexual conduct or excretory functions[4] specifically defined by applicable state law, Whether the work, taken as a whole, lacks serious literary, artistic, political, or scientific value. The work is considered obscene only if all three conditions are satisfied. (this sentence has “citation needed” though) —- I don’t think regular porn fits there, but yeah I am not a lawyer edit: reading more about that case, it was actually directly about porn, and the decision was directly used against porn producers.
- georgia_peach 4y agoConstruing recorded copulation as "speech" was always a reach. That interpretation remains only a case or two away from being discarded. Until the money runs out, I don't think it will be though.
- maxlybbert 4y agoBut courts have repeatedly held that child porn is outside the protection of free speech, along with fraud, false advertising, threats, defamation, and some other kinds of speech.