porn and anything obscene is not protected by the first.
The courts actually have a definition for that, though it's kind of loosey goosey...
(a) whether "the average person, applying contemporary community standards" would find that the work, taken as a whole, appeals to the prurient interest…(b) whether the work depicts or describes, in a patently offensive way, sexual conduct specifically defined by the applicable state law; and (c) whether the work, taken as a whole, lacks serious literary, artistic, political, or scientific value.
All 3 conditions must apply to be considered by the courts to be legally obscene.
I wish I could go back in time and fix the Ardennes Offensive.
I have some bad news for you - Porn is protected free speech , see John Cleland's Memoirs of a Woman of Pleasure" v. Attorney General of Massachusetts (1966), Miller v. California (1973) and Jenkins v. Georgia (1974).
"A book cannot be proscribed (as obsenity) unless it is found to be utterly without redeeming social value." - SCOTUS
It doesn't matter if I personally agree or not, that is the ruling that was made.
(post is archived)