Case in Point: The Legal Show on the Hottest Legal Cases in Politics and Culture Is All ‘Speech’ Good Speech? Porn Makes a Trip to the Supreme Court
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Jan 9, 2025 Giancarlo Canaparo, a Senior legal fellow at the Heritage Foundation's Meese Legal Center, dives into the complexities of First Amendment rights and obscenity law. The conversation highlights pivotal Supreme Court cases challenging free speech against government regulations on platforms like TikTok. Canaparo discusses the evolving definitions of obscenity and the impact of early exposure to pornography on children's development. He also addresses the delicate balance between protecting minors and upholding constitutional rights in today’s digital landscape.
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Pornography Case Complexity
- The Free Speech Coalition vs. Paxton case involves age verification for online pornography.
- The case is legally complex due to the Supreme Court's broad interpretation of obscenity.
Supreme Court's Obscenity Jurisprudence
- The Supreme Court's obscenity jurisprudence is rooted in a one-size-fits-all approach.
- This approach makes it difficult for states to regulate pornography to protect children.
Dobbs Decision Contrast
- The Dobbs decision emphasized the role of the democratic process in deciding abortion rights.
- However, this case is different because the right to free speech is constitutionally established.