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.
no
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.
In a personal argument the use of obscenity.
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
Civil rights
The Declaration has no protections. It is a letter to the king telling him why the colonies are declaring independence. Jefferson does state in the opening paragraphs the reasons why they have the right to change government.
It was determined that minors are entitled to constitutional protections.
It was determined that minors are entitled to constitutional protections.
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.
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.
yes some do
This is not possible. Ask anyone who is serving time in prison.
(in the US) Yes, you can. EVERYONE, regardless of your status, is entitled to both the protections (and the sanctions) of the law.
Morbid Obscenity was created in 2006.
Twin Obscenity was created in 1991.
"Vicinity of Obscenity" was created by System of a Down and released on their album "Hypnotize" on November 22, 2005.
He screamed nothing but obscenity at the police officers and got arrested as a result.Obscenity is not allowed in the Answers community.It is not very nice to spout obscenity at people.
No. It is a horrible collection of panic responses to non-existent problems that violates many of our Constitutional protections.