Sexnegativity and the Law, continued

Why violence, but not sex, is protected by the First Amendment.

The case eventually made its way to the U.S. Supreme Court. In 1957, the justices upheld Roth’s conviction, in a landmark ruling that obscenity is not entitled to First Amendment protection. The court said that the law had always assumed sexual material is not covered by the Constitution’s free speech provision, so its ruling merely codified that assumption. The Roth decision place d obscenity in the tiny category of exceptions to First Amendment freedom, along with incitement and fighting words.

My take on obscenity and violence here.

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