The Supreme Court’s Indecency Rulings
Overview of Major Decisions on Legislating Community Values
The First Amendment states: "Congress shall make no law … abridging the freedom of speech, or of the press." In general, the First Amendment protects pornography, with this term being interpreted by courts as meaning any erotic material. The Supreme Court, however, has held that the First Amendment does not protect two types of pornography: obscenity and child pornography. Consequently, they may be banned on the basis of their content. Federal law also prohibits the mailing of obscenity, as well as its transport or receipt in interstate and foreign commerce.Pornography that does not constitute obscenity or child pornography may ordinarily…
