Quote:
Originally Posted by Seanette
To US readers: just curious, where in our Constitution is a "right" to never be offended actually mentioned?).
|
There isn't one. It's just that:
"...'obscene' material has no protection under the First Amendment because freedom of expression does not provide absolute protection for every possible utterance of any sort..." Roth v. United States and Alberts v. California
Which, of course, pushes off the decision to "Who decides what's obscene?" In general, if it's political, artistic, scientific, or private speech, it can't be obscene. Only if it's public, and intended to appeal only to prurient interest can it be obscene. Then some court has to decide the specifics, applying "community standards". Clearer now? Good. :{
Regards,
Jack Tingle