Obscenity Essay

View the definition and historical development of the term obscenity here: http://legal-dictionary.thefreedictionary.com/obscenity How has the definition of the term been affected by institutions such as the Supreme Court and the American Civil Liberties Union (ACLU)? Supreme Court recognized, this could hurt all of our free speech rights. However they did say there was a "legitimacy and importance of the congressional goal of protecting children from harmful materials", but that the CDA was over steping and was unconstitutional. The Court said this law was had too "many ambiguities", and also did not follow key parts of the Miller test. This remindes me of Senate Bill 255 (revenge porn law), when this was made it was overly-broad. A law like this was needed however being so broad in its scoop, it would open many people to legal action including mothers or fathers who post photos of their kids. Due to how this law was wrote artwork would even counted. This law just like the one talked about in the ACLU case, both were broad and left too many things open for inturpataion.
What if a man stands on the corner by your house and speaks in a loud voice about the merits of the KKK? Is this speech protected? What must he do to break the law? What would you do if what he was saying was bothering you? As much I'd hate this, it
would be legal. I go to winter jam every year, and last year I had to deal with this. There as you walked into the buliding, a man was standing there yelling at the line of people. After he was done yelling, he forced his kid (she looked around 8) to start. They both where picking people out of the line and telling them how God hates the and they,re going to hell, or how some girls looked like "sluts". Winter jam is a an annual music tour made up of Christian rock, and contemporary Christian bands. But the man had his rights to stand there, it wasn't untill he pushed a youth pastor, that the police told him to stop. The same would go for the KKK speech, it would be protected. Unless he used the speech to incite violence, and or was violent his self. He would be in the right to stand on a public corner and talk, as long as he did not call for violence.
Why is flag burning such a hot issue? Because people feel it is anti-U.S, or they feel it is wrong due to all the people who died under that flag.
However flag burning is legal unless you steal the flag then burn it, like in the case of United States v. Eichman . The only legal issuses you might face are starting a fire. It seem to be a hot issuse thanks, in part to social media. Instagram has pages for people to post their flag buring photos and videos on. There are many companys who get into hotwater for using the flag wrong, like Barrett. Barrett had to tash promotional after people saw them, because they used U.S flags as backdrops and had then throw on a table bunched
up.
Discuss a situation where flag burning would be protected and one where it would not. An example of a protected situation, would be throwing a flag into a firepit and filming it. A unprotected sitation would be, ripping a flag from a goverment buliding and then burning it.