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No. A series of United States Supreme Court cases has confirmed that "obscenity" is not protected by the free speech clause of the First Amendment. The problem is defining what is and what is not "obscene." Early Supreme Court cases discussed criteria such as whether the material appeals to "prurient interests" and whether it has any redeeming social value. Community standards are mentioned. Perhaps because taste is so personal, courts have struggled classifying something as "obscene" and hence not entitled to constitutional protection. Justice Potter Stewart summed the problem up nicely when he wrote in one seminal decision: "I know it when I see it."
Is nudity obscene? Violence? Sexual exploitation? Sexual exploitation of children? Crush videos? In April 2010 the Supreme Court, in an 8-1 vote, invalidated restrictions on crush videos as violative of the First Amendment.
Nowadays, it seems the only true barrier that will be upheld in most courts is the usage of children (people under 18 years old) in depictions of nudity or sexual activity.
Interestingly, the familiar "G, PG, PG-13, R and NC-17" ratings are entirely voluntary. If challenged in court they would most certainly be thrown out. But they won't be challenged because film distributers have an "understanding" with the industry and people in Congress that they will continue to adhere to this rating system.
There is also a strong argument that the FCC (Federal Communications Commission) cannot ban curse words or nudity on broadcast TV. Supreme Court decisions decades old still grant the FCC broad power to regulate content. But the analysis of the FCC's regulation of limited airspace due to wavelength availability begins to break down when other sources such as cable, satellite TV and the internet are considered.
In the end, it is simply the individual judgment of the adult that will decide what is and what is not "obscene."
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Should students be protected by the First Amendment?
Students, as well as anyone in the United States, are protected by the First Amendment.
Is hate speech protected under the First Amendment?
All speech is protected under the first amendment. However racial segregation or profiling is banned by the constitution.
How is the media protected?
Based on the First Amendment in the Bill of Rights of the US Constitution, the media meaning to mean the news media is protected by the freedom of speech clause in the First Amendment. This also protects everyone from censure by the government.
Which of these is protected in the First Amendment as a way to communicate ideas?
The right to publish writings criticizing the government.
What are the Five freedoms protected by first amendment?
Freedom to express your opinion and religion.
In Roth v US did obscenity have the protection of the first amendment?
It was ruled 6-3 that obscenity was NOT protected by the first amendment. This, however, was overturned in 1973 by another case, Miller v. California.
What is the result of miller vs California?
The decision reiterated that obscenity was not protected by the First Amendment and established the Miller test for determining what constituted obscene material.
Did the case of Miller v California deal with the issues of obscenity and the opinion was written by wareen burger?
Miller v California was a Landmark United States Supreme Court case that changes the precedence involving what constitutes unprotected obscenity for First Amendment purposes. The decision reiterated that obscenity was not protected by the First Amendment and established the a test called the Miller Test for determining what material was deemed obscene.
Which of the following is correct with regard to obscenity and the law?
Obscenity is not protected by the First Amendment in the United States, and can be regulated or prohibited by law. However, determining what qualifies as obscene can be subjective and may vary across jurisdictions. Generally, material must meet three criteria—the average person finds that it appeals to the prurient interest, depicts or describes sexual conduct in a patently offensive way, and lacks serious artistic, literary, political, or scientific value—to be deemed obscene.
Should students be protected by the First Amendment?
Students, as well as anyone in the United States, are protected by the First Amendment.
What amendment allows the burning of the US flag?
The First Amendment to the United States Constitution protects the act of burning the US flag as a form of free speech. In 1989, the Supreme Court ruled in Texas v. Johnson that burning the US flag is a symbolic expression protected under the First Amendment.
What is protected by the first amendment?
Bill of rights
Is hate speech protected under the First Amendment?
All speech is protected under the first amendment. However racial segregation or profiling is banned by the constitution.
Lobbying is protected under what amendment?
The First Amendment of the federal constitution and similar protections in state constitutions.
Which type of speech is not protected by the first amendment?
constitution
Which civil liberty is NOT protected in the First Amendment?
privacy
Is A non-verbal expression of one's beliefs is generally not protected by the First Amendment?
Yes, it is protected by the first amendment. Freedom of speech applies to writing, as well as pictures or inscriptions.
