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693 points macawfish | 1 comments | | HN request time: 0.419s | source
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phendrenad2 ◴[] No.44545728[source]
Same as it ever was. The government has been congenitally unable to strike a rational balance between free speech vs indecency statutes. "I know it when I see it" has been a meme since 1964 when it was written by the Supreme Court. In handing control of that balance over to the states, the federal government is just giving up. But it won't work. The issue still needs to be resolved. We're going to see many, many, many more Supreme Court cases on indecency vs free speech.
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1. Nasrudith ◴[] No.44546002[source]
That is because the false balance is complete bullshit. Free speech means free speech. Obscenity is just special pleading "but it is icky!". The same thing has been happening for centuries. They came across a good idea as a foundational principle and the dumb fuckers wearing dresses we call judges refuse to see it. They then prove that they are all lawyers by constructing elaborate rationalizations. They also did the same thing to the Fourteenth ammendment's equal protection under the law working as grounds barring corruption and injustice.
replies(1): >>44560505 #