Supreme Court Justices have consistently ruled that child pornography, obscenity and matter harmful to minors are both prosecutable and unprotected by the First Amendment. We hold that obscenity is not within the area of constitutionally protected speech or press. This much has been categorically settled by the Court, that obscene material is unprotected by the First Amendment. Taken as a whole, it lacks serious literary, artistic, political or scientific value. All obscenity is pornography, however, not all pornography is obscenity.
Obscenity is a legal term, which describes hardcore, illegal pornography.
The problem in determining what is classified as obscene comes with defining the community standard. This is one of the biggest problems facing society today. The standards have been lowered so much that the school in Massachusetts apparently felt comfortable sending students to a workshop that presented graphic sex, including what in the past, was commonly considered obscene fisting. The Attorney General s Commission on Pornography discovered that ninety-five percent of the material in adult bookstores qualified as obscenity under the 1973 Miller Standard. Less than ten percent depicted sex between one man and one woman who were engaged in normal sexual relations.