Pornography And The First Amendment Essay

869 Words Oct 3rd, 2016 4 Pages
1. The First Amendment is related to pornography and obscenity, because of people 's opinions on whether or not pornography is a form of expression or a form of denigration. If pornography is a freedom of expression, then pornography is protected under the First Amendment, however, if pornography is a form of denigration then pornography is not protected under the First Amendment. Obscenity as ruled by the Supreme Court is not protected under the First Amendment, because it is believed obscenity is a form of denigration. The 3 rules set by Chief Justice Warren Burger are: First, if a person would have lustful thoughts? This rule was set so the art would not be considered obscene. Second, does it demonstrate sexual content as offensive? This rule was set for the purpose of defining if it was denigration or not. Third, does it not have any value in terms of art, literature, political, or science? This was to protect art, literature, political, and science from being banned. I believe the three set test does function properly for defining obscenity as nothing else had a stable definition for obscenity before the test. I also believe the test does function properly in terms of balancing freedom of speech and the need to regulate obscenity. The reason I believe this, because if the Supreme Court instead stated anything sexual is obscene then many works not even considered pornography would be banned. Examples of these are movies as we know them, all we would have is a lot of…

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