Originally Posted by Andrew H.
You are confused. There is an important legal distinction between "obscenity," which is not protected by the first amendment, and "pornography," which absolutely is. (And then there is child porn, which is also not protected, but for a different reason - making it is directly harmful to the kids involved).
The "community standards" test is part of the legal definition of obscenity...but only one part of the test: even the most prudish community can't ban penthouse or even nude dancing establishments, regardless of local community standards.
|