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No, obscenity is not protected by the First Amendment; however, the concept is ill-defined and subjective. Some forms of expression that certain people consider obscene or offensive may be protected, and community standards of decency tend to change over time.
As Justice Potter Stewart opined in his concurring opinion in Jacobellis v. Ohio, 378 US 184 (1964):
"I have reached the conclusion, which I think is confirmed at least by negative implication in the Court's decisions since Roth and Alberts, that, under the First and Fourteenth Amendments, criminal laws in this area are constitutionally limited to hard core pornography. I shall not today attempt further to define the kinds of material I understand to be embraced within that shorthand description, and perhaps I could never succeed in intelligibly doing so. But I know it when I see it, and the motion picture involved in this case is not that."
For more information, see Related Questions, below.
What else can I help you with?
In a 2004 case involving the issue of whether a US citizen accused of terrorist acts is entitled to constitutional protections the Supreme Court held that such citizens?
In the 2004 case Hamdi vs. Rumsfield the Supreme Court held that citizens accused of terrorist acts are entitled to constitutional protections. Hamdi, a US citizen was captured in Afghanistan and turned over to the US military. He was classified as a enemy combatant.
What is an example of speech that would be restricted?
In a personal argument the use of obscenity.
What was the big problem with the bill of the rights before the passage of the fourteenth amendment?
Prior to the passage of the fourteenth amendment, the application of any constitutional protection was uneven. The fourteenth amendment was intended to force the equal application of constitutional protections to all persons. umm yeah this didn't answer my question
Law shall have no retroactive effect?
Law has prospective (forward-looking) effect only. The reason for this is that people are entitled to have advance knowledge of the legality or illegality of their behavior before they engage in it. It is similar in theory to the Constitutional prohibition against ex post facto laws.
What are the protections granted by the government called?
Civil rights
What was the significance of supreme courts ruling in re gault?
It was determined that minors are entitled to constitutional protections.
. What was the significance of Supreme Court's ruling in In re Gault?
It was determined that minors are entitled to constitutional protections.
In a 2004 case involving the issue of whether a US citizen accused of terrorist acts is entitled to constitutional protections the Supreme Court held that such citizens?
In the 2004 case Hamdi vs. Rumsfield the Supreme Court held that citizens accused of terrorist acts are entitled to constitutional protections. Hamdi, a US citizen was captured in Afghanistan and turned over to the US military. He was classified as a enemy combatant.
What protections does obscenity receive from the courts?
The question is mis-leading and assumes an unproveable fact. Obscenity (as defined by the courts) receives no protection from the judicial system. Certain cases charging 'obscenity' have been brought to court and been rejected on the 'Free Speech' or 'Free Press' grounds but many have been prosecuted as well.
Do Some constitutional protections apply to business entities?
Yes, some constitutional protections apply to business entities. For instance, the First Amendment guarantees free speech rights that can extend to corporations, allowing them to engage in political speech and advertising. Additionally, the Fourteenth Amendment's protection against unjust takings applies to businesses, ensuring that they are entitled to due process and just compensation when their property is taken by the government. However, the extent and nature of these protections can vary depending on the context and specific legal interpretations.
Some constitutional protections apply to business entities?
yes some do
What does the phrase "subject to the jurisdiction thereof" mean in the context of legal and constitutional matters?
The phrase "subject to the jurisdiction thereof" in legal and constitutional matters refers to individuals who are under the authority and laws of a particular government or jurisdiction. This phrase is often used to determine who is entitled to the rights and protections provided by that government or jurisdiction.
Are Constitutional protections of liberty absolute?
This is not possible. Ask anyone who is serving time in prison.
When was Twin Obscenity created?
Twin Obscenity was created in 1991.
When was Morbid Obscenity created?
Morbid Obscenity was created in 2006.
Can illegal alien file domestic violence?
(in the US) Yes, you can. EVERYONE, regardless of your status, is entitled to both the protections (and the sanctions) of the law.
When was Vicinity of Obscenity created?
Vicinity of Obscenity was created in 2006.
