Is It Protected Speech Under The Constitution?

883 Words Mar 15th, 2016 4 Pages
The main issue at hand is whether or nor obscenity is considered speech and if so is it protected speech under the Constitution. I must wager that obscenity is and indeed should be considered speech for the purposes of the Supreme Court in First Amendment matters. As to if it is or should be protected by the constitution is a more difficult question. I believe that a test of reasonableness is sufficient to govern this topic by members of the court. If there is legitimate purpose for material no matter what facilitates its dissemination then there is a compulsory reason for constitutional protection. If not and the main cause of material is to inflict injury on any party including society there is no compelling reason to afford such speech any constitutional protection.

History has provided us with major reasons to limit and regulate obscenity in America. For example does obscenity lead to an increased likely hood of criminal activity or anti-cultural norms in society? If so at what point do these issues begin to manifest and how should government regulate this narrowly? There is a problem here though according to Brandenburg obscenity in and of itself does not directly incite lawless action and fails to meet the aforementioned Brandenburg test. The court has attempted to circumnavigate this problem by using the redeeming social importance standard. This states that obscenity is up for regulation if it fails to serve a purpose benefiting society even if that disagrees with…
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