Number: 95-804
Title: Obscenity and Indecency: Constitutional Principles and Federal Statutes
Authors: Henry Cohen, Legislative Attorney 
Abstract: Obscenity apparently is unique in being the only type of speech to which the Supreme Court has denied First Amendment protection without regard to whether it can cause harm. According to the Court, there is evidence that, at the time of the adoption of the First Amendment, obscenity "was outside the protection intended for speech and press." Consequently, obscenity may be banned simply because a legislature concludes that banning it protects "the social interest in order and morality."
Pages: 37
Date: December 10, 2008