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This paternalistic bullshit has no place in a free, modern society of any sort. And of course obscenity has 1A protection, that's in large part exactly what it

• kemayo 4y ago
  "Obscenity" isn't protected by the first amendment (where obscene means, approximately, offensive on a fundamental moral level and without any redeeming artistic qualities). However, what counts as obscene is notoriously fuzzy -- the Supreme Court made up the Miller test[1], which roughly boils down to "would an average person think it's obscene?". In practice, as this applies to pornography, it's not treated as obscene in most cases, as pornography is very popular and widely consumed, so obviously the average person isn't offended by it. (I say "most cases", because this is what leaves open the door to banning specific pornography. E.g. child porn, snuff porn, etc. Things that are shocking to the average person.) [1]: https://en.wikipedia.org/wiki/Miller_test https://en.wikipedia.org/wiki/Miller_test