Friday, August 13, 2010

Should The First Amendment Protect Obscenity?

(By Andrew MacKie-Mason)

Mike Sacks of F1@1F reports on a case that could, potentially, lead to further First Amendment protections for allegedly obscene material (in this case, bestial and scatological pornography). Without going into much depth on this, it seems clear to me that there should be no obscenity exception to the First Amendment.

What we view as obscene is a question of community standards, and thus a political issue. Creating material that many people would see as obscene assists in the long-term effort of normalizing such behavior and making it acceptable. It is therefore political speech in the finest traditions of the First Amendment and deserves full protection.

Thoughts?

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