![]() ![]() Most pornography is not legally obscene to be obscene, pornography must, at a minimum, “depict or describe patently offensive ‘hard core’ sexual conduct.” The Supreme Court has created a three-part test, known as the Miller test, to determine whether a work is obscene. ![]() Consequently, they may be banned on the basis of their content, and federal law prohibits the mailing of obscenity, as well as its transport or receipt in interstate or foreign commerce. The Supreme Court, however, has held that the First Amendment does not protect two types of pornography: obscenity and child pornography. abridging the freedom of speech, or of the press.” In general, the First Amendment protects pornography, with this term being used to mean any erotic material. The First Amendment provides: “Congress shall make no law.
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