Comment on How are Book Bans Constitutional?

radix@lemmy.world ⁨5⁩ ⁨months⁩ ago

Bans often rely on the obscenity exception to the 1st Amendment:

…findlaw.com/…/first-amendment-limits--obscenity.…

SCOTUS has never given a clear, well-defined, repeatable test to say exactly what “obscenity” even means, so local jurisdictions are free to push the envelope.

If that sounds like a pile of bullshit waiting to be exploited, yes, and that’s exactly why we’re seeing this happening.

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