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The First Amendment is pretty clear that freedom of speech/press is protected only from Congress and legislation: "Congress shall make no law ... abridging the
by kanamekun 15y ago
The First Amendment is pretty clear that freedom of speech/press is protected only from Congress and legislation: "Congress shall make no law ... abridging the freedom of speech, or of the press."
Companies and/or websites can ban almost any speech or writing they would like. It's not unconstitutional, because corporations aren't considered a governmental/Congressional body.
- _delirium 15y agoThat's true; I was objecting to the claim that it was "grandfathered in when child porn laws were written". The reason a law couldn't ban it is because of the First Amendment.
- kanamekun 15y agoDefinitely agree that Lolita is a written text and not a visual depiction of children engaged in sexual activity. So it's not covered by child porn laws, and is still protected by the First Amendment. But wanted to highlight that the law can ban speech, despite the First Amendment. For example, in 1982 the Supreme Court ruled unanimously that child porn was not protected by the First Amendment: http://en.wikipedia.org/wiki/New_York_v._Ferber http://en.wikipedia.org/wiki/New_York_v._Ferber Laws can also ban material deemed obscene. The Miller test is the standard there: http://en.wikipedia.org/wiki/Miller_v._California http://en.wikipedia.org/wiki/Miller_v._California