The First Amendment Right On Pornography Essay

The First Amendment Right On Pornography Essay

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The First Amendment right relates to pornography in that and obscenity in that pornography has not always been treated in a manner that would equate to free speech. The common argument for or against it is that it is or isn’t a work of art, and has had multiple interpretations and definitions set and revisions since 1973 by the supreme court. (CITATION) There have also been processes created by the supreme justices, most notably of Justice Burger, who in the case of Miller v. California served as chief justice, gave the majority opinion in that “[t]he 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." (Oyez) In simplicity, the rules state that in order for certain media to be classified as obscene; an average person must regard it as sexual, the state in which the material is located in must clearly and without any sense of doubt be considered offensive by the state law in which the material is located, and finally, the element in question must lack any value in regards to literary, artistically, politically, and scientifically. (CITATION) I believe that this test of obscenity played a pivotal role in protecting free speech, and more specifically, artistic expression. The type of material that can pass the honorable Burger’s test are items that should have been censored before the rules went into effect, however with its implementati...


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...nal basis in order to be discriminated against. An example of how this classification would be how the Supreme Court “deemed a Missouri law constitutional that required public officials to retire at age 70.” (Cengage Slide 9) Personally I find that this classification system is fine the way it is in the present day. Things such as religion and race should never be discriminated against in court unless it has potential for national harm, gender shouldn’t be discriminated against, however I personally do not view it to be as important as race or religion. And finally I believe that nonsuspect classifications should be the easiest to discriminate against due to the inherent possibility that it does not affect a specific gender, race, or religious preference directly, and in all likelihood would deal with people from all of those categories instead of one specific group.

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