The argument advanced by plaintiff isn't merely that the work lacks artistic value but that the work is "obscene" under Miller v. California, 413 U.S. 15 (1973)

The argument advanced by plaintiff isn't merely that the work lacks artistic value but that the work is "obscene" under Miller v. California, 413 U.S. 15 (1973), which means that it is illegal to distribute said work for sale in or affecting interstate commerce under Title 18 USC § 1465 ("Transportation of obscene matters for sale or distribution") (http://www.law.cornell.edu/uscode/18/1465.shtml http://www.law.cornell.edu/uscode/18/1465.shtml). Obscenity is still considered an exception to the protection of the First Amendment. (For clarification, I am not saying that obscenity should not be protected; I am merely reporting the current state of the law under Supreme Court jurisprudence.)