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This is a pretty clear violation of the First Amendment, but the current SCOTUS doesn't care about the Constitution. Multiple conservative SCOTUS justices open
by gamblor956 3mo ago
This is a pretty clear violation of the First Amendment, but the current SCOTUS doesn't care about the Constitution.
Multiple conservative SCOTUS justices openly admit to taking bribes from parties with cases before them.
- inigyou 3mo agoI believe the current precedent is that porn is not speech.
- gamblor956 3mo agoPorn is speech. This has been litigated several times by SCOTUS. Obscenity is not speech.
- inigyou 3mo agoIt appears that in Texas, porn is considered obscenity.
- otterley 3mo agoTexas can't make that decision unilaterally. They'll have the First Amendment to contend with. Besides, that's not even what this case is about. This is about access to pornography, not about the right to produce or disseminate it with or to consenting adults. Even if the latter rights are protected under the First Amendment, the courts have never said that Federal and state governments cannot restrict minors from accessing it.
- deleted 3mo ago[deleted]
- otterley 3mo agoWrong. Porn is considered protected speech unless it is considered “obscene” (which is an incredibly difficult bar to meet), and even possession of obscene material in one’s home is protected. C’mon, people, these issues are trivial to look up the facts about. There’s no excuse for ignorance here. https://firstamendment.mtsu.edu/article/obscenity-and-pornography/ https://firstamendment.mtsu.edu/article/obscenity-and-pornog...
- inigyou 3mo agoSo nobody has ever gone to jail for possessing child porn?
- otterley 3mo agoOf course CSAM isn’t protected. This story isn’t about CSAM though.
- inigyou 3mo agoSo porn isn't protected speech?
- otterley 3mo agoPorn is protected speech, with the exception of CSAM and "obscene" materials. You do understand how exceptions work, don't you? If you have further questions, ask an attorney who specializes in First Amendment law. I also recommend law school.