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Yes, obscene materials are protected; there are restrictions on their content, distribution and sale on a state by state basis.
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Actually, "obscenity" is NOT protected by the First Amendment. 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."
What else can I help you with?
Which Supreme Court justice took the unusual position that the First Amendment protected all publications even wholly obscene one?
hugo black
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.
Is panhandling protected by the First Amendment?
Yes, panhandling is protected by the First Amendment as a form of free speech.
Should students be protected by the First Amendment?
Students, as well as anyone in the United States, are protected by the First Amendment.
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.
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
What amendment allows the burning of the US flag?
It is protected under the First Amendment under the principle of freedom of speech. However, there have been numerous votes for Anti-Flag Burning amendments in the House and Senate in recent years.
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.
