Pornography is not “Free Speech”

In case you didn’t know…

Pornography (and obscenity in general) are not protected forms of “speech” under the First Amendment.  Janet LaRue, Chief Council, Concerned Women for America put together an informative brief outlining the history of court review on the topic.

The following is an insightful excerpt from the 1973 landmark case Miller v. California 413 U.S. 15 (1973), as reviewed by the Supreme Court of the United States:

“This much has been categorically settled by the Court, that obscene material is unprotected by the First Amendment. . .The dissenting Justices sound the alarm of repression. But, in our view, to equate the free and robust exchange of ideas and political debate with commercial exploitation of obscene material demeans the grand conception of the First Amendment and its high purposes in the historic struggle for freedom. It is a ‘misuse of the great guarantees of free speech and free press . . . ‘The protection given speech and press was fashioned to assure unfettered interchange of ideas for the bringing about of political or social changes desired by the people’. . .But the public portrayal of hard-core sexual conduct for its own sake, and for the ensuing commercial gain, is a different matter.”

Via PHR, MiM research page.

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Published in: on September 11, 2008 at 1:05 pm  Leave a Comment  
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