mystictryst
Posts: 125
Joined: 9/6/2005 Status: offline
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This actually was a real shock to me. I had no idea that the US had gone so far. I did a quick search and was actually surprised to learn that obscene material is not covered by the First Ammendment. Although, from what I read, it has been challenged numerous times, the Courts could not seem to come to any definate conclusions. quote:
This much has been categorically settled by the Court, that obscene material is unprotected by the First Amendment. Kois v. Wisconsin, 408 U.S. 229 (1972); United States v. Reidel, 402 U.S., at 354 ; Roth v. United States, supra, at 485. 5 ... A state offense must also be limited to works which, taken as a whole, appeal to the prurient interest in sex, which portray sexual conduct in a patently offensive way, and which, taken as a whole, do not have serious literary, artistic, political, or scientific value. Taken from http://caselaw.lp.findlaw.com I also found something (on this site) that also said these rulings covered both dipictions as well as descriptive forms. Crazy! Note: I usually cross check quotes with three websites, I did not do this on this post. I also removed a section from the above.
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