SavannahMann
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- Nov 16, 2016
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A crusader made a thread that the First Amendment did not protect Obscenity. The statement is true. As far as it goes. That refers to the Miller Test.
Miller test - Wikipedia
In other words to be obscene the material must not qualify as protected on any of the three tests.
As anyone who has used the internet for more than three minutes can attest. There are a lot of things that are not obscene apparently.
Another question concerning if something is obscene is the method of transmission.
Looking back: George Carlin and the Supreme Court - National Constitution Center
The FCC can regulate speech over the broadcast airwaves. However it has far less authority over subscription services like Cable TV stations or Satellite Radio.
It is why the DJ of your local Radio Station can’t say Fuck You. But the famous Skinimax soft core porn can be played on your TV providing you subscribe to it.
As we have seen there is no legal recourse for preventing someone from playing Fuck the Police or even Cop Killer. People even have written Fuck Trump on their cars. They were charged with Disorderly Conduct by the outraged police only to see the charges dropped in a few days by lawyers who knew the case was a loser. Even if they got a conviction it would be overturned on appeal. First Amendment.
Basically there are so few things that qualify as obscene they are reduced to kiddie porn and beastiality. Pretty much everything else is good to go.
I hope this helps our poor nutter who thinks he is the expert thanks to Google Groups wisdom.
Miller test - Wikipedia
In other words to be obscene the material must not qualify as protected on any of the three tests.
As anyone who has used the internet for more than three minutes can attest. There are a lot of things that are not obscene apparently.
Another question concerning if something is obscene is the method of transmission.
Looking back: George Carlin and the Supreme Court - National Constitution Center
The FCC can regulate speech over the broadcast airwaves. However it has far less authority over subscription services like Cable TV stations or Satellite Radio.
It is why the DJ of your local Radio Station can’t say Fuck You. But the famous Skinimax soft core porn can be played on your TV providing you subscribe to it.
As we have seen there is no legal recourse for preventing someone from playing Fuck the Police or even Cop Killer. People even have written Fuck Trump on their cars. They were charged with Disorderly Conduct by the outraged police only to see the charges dropped in a few days by lawyers who knew the case was a loser. Even if they got a conviction it would be overturned on appeal. First Amendment.
Basically there are so few things that qualify as obscene they are reduced to kiddie porn and beastiality. Pretty much everything else is good to go.
I hope this helps our poor nutter who thinks he is the expert thanks to Google Groups wisdom.
