Can a state now require you to verify your age and identity to read a newspaper they don't like?
Can a state now require you to verify your age and identity to read a newspaper they don't like?
> Can a state now require you to verify your age and identity to read a newspaper they don't like?
Most states have laws in place that regulate the sale and distribution of pornography and other "obscene" materials. This has been true for a long, long time. So yes, states have had the ability to require you to show ID to get a "newspaper" they don't like, assuming that newspaper is actually just pornography/obscenity. I don't think most people would argue Pornhub are news sites though.
https://en.wikipedia.org/wiki/Miller_test
. Whether "the average person, applying contemporary community standards", would find that the work, taken as a whole, appeals to the prurient interest,
. Whether the work depicts or describes, in a patently offensive way, sexual conduct or excretory functions specifically defined by applicable state law,
. Whether the work, taken as a whole, lacks serious literary, artistic, political, or scientific value.
Clearly the whole of Wikipedia is not trying to appeal to purient interests of the average person. I don't think much of the content of Wikipedia is describing sexual content in a patently offensive way, and I'd argue it has serious political and scientific value.
You don't just need "someone". You'll find "someone" say anything, including that the Earth is flat, its 40,000 years old, and we're controlled by lizard people. The standard isn't "someone". You'll find someone who claims a table of ICD codes or a stop sign appeals to their prurient interest and is sexual in nature.
You'd need "the average person, applying contemporary community standards" to say that under the Miller test and have the court/a jury to agree. Not just any person applying any standard.
No, you just need the court to agree, you don't need to actually get the (non-existent, fictional abstraction) of “the average person” to say anything, you just need a judge to believe that.