From: "Mark M." <markm@voicenet.com>
Date: Thu, 26 Jun 1997 10:23:55 +0800
To: azur@netcom.com
Subject: Re: Bomb Making Info to be Illegal
In-Reply-To: <v03102803afd74b50dcd5@[10.0.2.15]>
Message-ID: <Pine.LNX.3.96.970625210420.3374A-100000@purple.voicenet.com>
MIME-Version: 1.0
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Steve wrote:

> What's not clear to me, and I wish someone would explain, is how the SC
> managed to find pornography not similarly protected speech.  Arms and
> munitions can be as arousing for some (e.g., Dr. Strangelove) as sex is for
> others.

It appears that Roth v. United States was the first case before that the
U.S. SC decided that "obscenity" was not protected by the 1st Amendment.
The reasoning was that while offensive, unorthodox, or hateful ideas
are protected by the 1st, they, unlike pornography, have at least *some*
redeeming social value.  The court noted that laws enacted after the
ratification of the U.S. Constitution banned several different kinds of
speech, including profanity, blasphemy, and libel.  It's a very common
tactic for the courts to refer to post-ratification laws to support
limits on Constitutional rights.



Mark
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