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Politics : The Trump Presidency -- Ignore unavailable to you. Want to Upgrade?


To: zzpat who wrote (65129)4/6/2018 3:36:43 PM
From: TimF  Read Replies (1) | Respond to of 362733
 
Obscenity is a different issue that "hate speech".

Also there is no general ban on obscenity (and when state or local governments have tried to ban it those bans have been struck down). You can be as obscene as you want in your personal conversations, in some book, on internet forums (subject to the rules of those forums), in pamphlets you pass out or on signs your carry, on paid TV and radio services, on steaming services etc.



To: zzpat who wrote (65129)4/6/2018 4:00:25 PM
From: i-node  Read Replies (1) | Respond to of 362733
 
>> The government bans words like fuck on TV

Obscene content is not protected by the First Amendment.

The Supreme Court has determined what is "obscene":

For content to be ruled obscene, it must meet a three-pronged test established by the Supreme Court: It must appeal to an average person's prurient interest; depict or describe sexual conduct in a "patently offensive" way; and, taken as a whole, lack serious literary, artistic, political or scientific value.


Profane content (also not allowed pursuant to the Court) includes "grossly offensive" language that is considered a public nuisance.

There are arguments that can be made (in fact, I argued this point years ago online with the attorney who went on to win the Heller case in the Supreme Court, and he made a very strong libertarian argument for allowing XXX porn to be broadcast at 7pm after The Simpsons). I wasn't persuaded, and few people would have been, but he made a strong argument that a libertarian could believe in.