- Joined
- Feb 13, 2020
Do you have a source on that man?
I tried to find the exact quote in the article, but the legalese is frying my brain. I think this is sufficient? Feel free to read the article.
The Supreme Court outlined in Miller a three-prong test for the trier of fact to use in determining what constitutes obscenity. The Government has failed to provide any authority that indicates Congress can usurp the function of the fact-finder by doing away with portions of the Miller obscenity test in regulating visual depictions not involving the use of actual minors. Pornography can only be banned if it is obscene or involves the use of actual minors. Free Speech Coalition, 535 U.S. at 240, 122 S. Ct. 1389. Subsections 1466A(a) (2) and (b) (2) require neither and are therefore overbroad and unconstitutional.