Pornography first amendment

Obscenity refers to a narrow category of pornography that violates contemporary community standards and has no serious literary, artistic, political or scientific value. For adults at least, most pornography receives constitutional protection. Miller v. The Supreme Court has resisted efforts of states to expand the rationale for obscenity laws beyond hard-core sexual material when it invalidated a California statute that regulated the sale or rental of violent video games to minors. For adults at least, most pornography — material of a sexual nature that arouses many readers and viewers — receives constitutional protection. However, two types of pornography receive no First Amendment protection: obscenity and child pornography.
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Sexual Expression and Free Speech: How Our Values Have (D)evolved

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Sexual Expression and Free Speech: How Our Values Have (D)evolved

You are now logged in. Forgot your password? The specter of pornography is once again haunting the minds of certain American conservatives. Porn is "just a product," he wrote, "something made and distributed and sold, and therefore subject to regulation and restriction if we so desire.
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United States obscenity law

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Skip to content. Indeed, there were no statutes forbidding obscenity during the entire colonial era. The first obscenity prosecution in the United States did not occur until , at the height of the evangelical explosion of the Second Great Awakening. Such prosecutions, however, were rare, and by the s, as the Second Great Awakening waned, there was once again an upsurge in the availability of pornography. These new entertainments placed sex into the forefront of American society as never before.
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