4 ms·
First admendment?
by themitigating 3y ago
First admendment?
- NotYourLawyer 3y agoI’m not aware of any cases holding that distribution of pornography to minors is protected speech, but I’d be happy to be educated if you have one.
- jcranmer 3y agoObscene material is not inherently protected speech, but as it's a content-based restriction, the government is still bound by strict scrutiny to narrowly tailor its laws to achieve its legitimate interest in limiting the distribution of pornography. Furthermore, the definition of obscenity (the Miller test) is actually rather narrow, and there are likely to be several sexual fetishes that don't actually qualify as obscene, and therefore protected speech.
- themitigating 3y agoWhy?
- NotYourLawyer 3y agoWhy what? Try posting a comment with more than a word or two if you want a meaningful discussion.
- themitigating 3y agoWhy is it not interently protected speech? If you are going to make exceptions to the first admendment for safety can you prove the danger explicitly? Why not the 2nd admendment?
- NotYourLawyer 3y agoSo is that a “no, I’m not aware of any cases holding that either”?
- themitigating 3y agoWhat? I'm not arguing legal cases I'm arguing the gp's first point.
- brookst 3y agoThere are several precedents that say restrictions based on content must be evaluated using strict scrutiny, which means the restrictions must be as narrow as possible to achieve the government's interests. See for instance Ashcroft v. ACLU: https://www.mtsu.edu/first-amendment/article/377/ashcroft-v-american-civil-liberties-union https://www.mtsu.edu/first-amendment/article/377/ashcroft-v-...
- NotYourLawyer 3y agoObjection, non-responsive.
- DrThunder 3y agoAmendments obviously don't apply to underage citizens. Otherwise, there would be no precedence for stopping children from buying firearms or voting. Saying this is protected speech is ridiculous.
- NotYourLawyer 3y agoIt’s not quite that simple. Some parts of the Bill of Rights do apply to minors, other parts apply but in weakened form, etc.
- themitigating 3y agoSo then the government can arrest children without due process, hold them without trial, charge them with sedition for anti government comments?
- DrThunder 3y agoDo you not understand how minors are treated in the legal system? You know full well, under the age of 18 you do not get full rights.