9.1. Obscenity and Indecency
The First Amendment does not protect obscene material. It does protect indecent material. As a result, the distribution of obscene material may be banned while the distribution of indecent material may only be restricted.
9.1.1. When Is Material Obscene?
There is no constitutional protection for obscene material. While people are allowed to possess obscene materials, they are not allowed to communicate, distribute, sell or transport obscene materials. Material qualifying as obscene may be verbal or visual. That means obscenity laws impact writers, photographers, visual artists, filmmakers, internet sites, musicians, ...
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