Yes. Anything (printed, movies, etc.) is protected speech, unless it crosses the line into obscenity.
Obscenity is defined by the US Supreme Court under the Miller Test. To be obscene (and thus not protected), first the material must "appeal to the prurient interest". This is defined as more than normal lust, rather shameful lust. It is a subjective standard that is determined by the community.
Second, the material must be patently (obviously) offensive. While this can also be a local community standard, it must usually either be pre-defined by statute, or by prior example, such that there is fair notice of what would be considered offensive.
Third, the material must lack serious artistic, scientific, literary, political or educational value. This is evaluated under an objective (national) standard. So, basically two local community standards and one general objective standard, for it to be non-protected.
2006-08-27 18:09:31
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answer #1
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answered by coragryph 7
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It depends. California v. Miller, three prong test
1. Violate conte,porary community standards
2. Appeal only to purient interests
3. Any legitimate artistic, scientific, or social purpose
I cant define it, but I know it when I see it
2006-08-27 21:42:51
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answer #2
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answered by Unknown Oscillator 3
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yes Larry Flint vs US Supreme court. Larry Flint won.
2006-08-27 21:46:57
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answer #3
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answered by Anonymous
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To an extent yes. Long legal analysis, but you probably are not that interested. Just know that you can buy your movies and magazines and not worry.
2006-08-27 21:43:29
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answer #4
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answered by Salem 5
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consenting adult is protected under 1st, now child is not and is a strict liability offense meaning just possession without intent you are going to jail, not long enough for my liking
2006-08-27 21:42:11
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answer #5
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answered by goz1111 7
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I should be able to post what ever the hell I want onto the internet. It seperates us from the chinese.
Yes, it is.
2006-08-27 21:39:12
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answer #6
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answered by Roger Y 3
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every thing you can think of printing is, accept a death threat to the prez. and childporn.
2006-08-27 22:22:56
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answer #7
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answered by sikn_shadow_420 3
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Maybe
2006-08-27 21:40:32
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answer #8
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answered by Anry 7
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Yes, it is. As are nazi, white supremists, klu-klux-klan and muslum extremeist printings. Welcome to the USA...
2006-08-27 21:44:01
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answer #9
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answered by Rob 2
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