[Moral Hazard]

"It's implicit. The states had obscenity laws on the books when the Constitution and BoR were written."

When the Constitution and BoR were written the first amendment didn't apply to the states, and the federal government had no law against obscenities.

[Antoninus]

When the Constitution and BoR were written the first amendment didn't apply to the states, and the federal government had no law against obscenities.

So you're in favor of local laws against obscenity being enforced then and keeping federal judges out of it, right? Or, if not in favor of them, you recognize that they are completely constitutional, am I correct?

Furthermore, with the advent of porn via mass circulation magazine and even moreso via the internet, it became an interstate commerce issue which makes it subject to federal regulation.