mrttao
Well-known member
I looked a bit into when it was that porn became "speech"...
TLDR
> over the years "free speech" mutated into "free expression".
> 1966: obscenity is "hardcore porn" which is not protected expression. but this movie is not porn. I know it when I see it.
> 1973: obscenity is not protected expression. porn is obscenity. it is up to local communities to decide what is and isn't obscene pornography
> bunch of cases upholding that porn is obscene
> 1996: obscenity is not protected by 1st amendment. but only child porn, porn for children, or porn of illegal acts is obscene. regular porn for adults is not obscene.
> 1997: porn websites not verifying age is ok.
TLDR
> over the years "free speech" mutated into "free expression".
> 1966: obscenity is "hardcore porn" which is not protected expression. but this movie is not porn. I know it when I see it.
> 1973: obscenity is not protected expression. porn is obscenity. it is up to local communities to decide what is and isn't obscene pornography
> bunch of cases upholding that porn is obscene
> 1996: obscenity is not protected by 1st amendment. but only child porn, porn for children, or porn of illegal acts is obscene. regular porn for adults is not obscene.
> 1997: porn websites not verifying age is ok.
This is what the first amendment says
Interestingly, expression is not mentioned anywhere in it.
But at some point "freedom of speech" became "freedom of expression". It is Which is far more vague. Despite the fact that the law still says speech and not expression.
And it is maddeningly difficult to pin down exactly when this happened.
Porn has only ever been referred to as expression by courts, not as speech.
Never in the history of the USA has the supreme court argued that porn is all subject to the protection of the 1st amendment.
In 1964 it was ruled that... a movie containing a 3 minute sex scene is not porn (which is obscene and thus not subject to 1st amendment).
Under the guideline of "I know it when I see it". The judge argued that since it is not porn it is protected by 1st amendment.
In 1973 the courts created an actual definition called "the miller test" for determining what is "obscene hardcore pornography" which IS exempt from 1st amendment vs NOT obscene hardcore pornography which is protected by freedom of expression.
souce: Prosecuting Obscenity - An Overview Of Past Pornography Rulings By The U.s. Supreme Court | American Porn | FRONTLINE |PBS
(I saw several other sites that said basically the exact same thing as this source. if you find a source that contradicts this info let me know)
This miller standard is allegedly still in use today according to any legal publication I found.
But all the millar test does is say that:
1. hardcore porn is obscene and NOT protected by 1st amendment
2. it is up to local communities to determine what is or is not obscene.
As far as I can tell, it was only starting in the late 1990s that the public got gaslighted into believing that pornography is perfectly legal and is protected speech under the 1st amendment.
Judges started ruling that "obscene" does not mean "pornography", it means "harmful to children".
1996 court ruled that cable TV had to restrict the way it distributes porn to adults such that minors cannot see it.
1997 court ruled in favor of ACLU, allowing internet porn sites to distribute freely to children.
Amendment I
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
Interestingly, expression is not mentioned anywhere in it.
But at some point "freedom of speech" became "freedom of expression". It is Which is far more vague. Despite the fact that the law still says speech and not expression.
And it is maddeningly difficult to pin down exactly when this happened.
Porn has only ever been referred to as expression by courts, not as speech.
Never in the history of the USA has the supreme court argued that porn is all subject to the protection of the 1st amendment.
In 1964 it was ruled that... a movie containing a 3 minute sex scene is not porn (which is obscene and thus not subject to 1st amendment).
Under the guideline of "I know it when I see it". The judge argued that since it is not porn it is protected by 1st amendment.
In 1973 the courts created an actual definition called "the miller test" for determining what is "obscene hardcore pornography" which IS exempt from 1st amendment vs NOT obscene hardcore pornography which is protected by freedom of expression.
The basic guidelines for the trier of fact must be: (a) whether the average person applying contemporary community standards would find that the work, taken as a whole, appeals to the prurient interest; (b) whether the work depicts or describes, in a patently offensive way, sexual conduct specifically defined by the applicable state law; and (c) whether the work, taken as a whole, lacks serious literary, artistic, political, or scientific value.
(a) Patently offensive representations or descriptions of ultimate sexual acts, normal or perverted, actual or simulated.
(b) Patently offensive representations or descriptions of masturbation, excretory functions, and lewd exhibition of the genitals.
Nothing in the First Amendment requires that a jury must consider hypothetical and unascertainable "national standards" when attempting to determine whether certain materials are obscene as a matter of fact. ... It is neither realistic nor constitutionally sound to read the First Amendment as requiring that the people of Maine or Mississippi accept public depiction of conduct found tolerable in Las Vegas, or New York City.
(a) Patently offensive representations or descriptions of ultimate sexual acts, normal or perverted, actual or simulated.
(b) Patently offensive representations or descriptions of masturbation, excretory functions, and lewd exhibition of the genitals.
(I saw several other sites that said basically the exact same thing as this source. if you find a source that contradicts this info let me know)
This miller standard is allegedly still in use today according to any legal publication I found.
But all the millar test does is say that:
1. hardcore porn is obscene and NOT protected by 1st amendment
2. it is up to local communities to determine what is or is not obscene.
As far as I can tell, it was only starting in the late 1990s that the public got gaslighted into believing that pornography is perfectly legal and is protected speech under the 1st amendment.
Judges started ruling that "obscene" does not mean "pornography", it means "harmful to children".
1996 court ruled that cable TV had to restrict the way it distributes porn to adults such that minors cannot see it.
1997 court ruled in favor of ACLU, allowing internet porn sites to distribute freely to children.
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