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What or who defines obscene?

This is the WHOLE point of the right to free speech.



The would be a combination of congress and state legislation. You can’t distribute porn to minors for example..try in any state and see what happens.

Regardless, this bill isn’t around speech, it’s who is responsible based upon current laws.


And I disagree with those laws as well, since, quite famously, the Supreme Court could only come up with subjective rules around what pornography even is.

Quoted: I shall not today attempt further to define the kinds of material I understand to be embraced within that shorthand description ["hard-core pornography"], and perhaps I could never succeed in intelligibly doing so. But I know it when I see it…

In other words, it is entirely subject to the judge whether something is porn or not.

It is famously hard to define, so the outcome is that to avoid liability you must err on the side of censorship, and not free speech. Given that Texas has used civil liability laws in incredibly bad faith around abortions, I am not inclined to give them the benefit of the doubt.


Maybe it causes some readers to feel unsafe?




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