To: Moral Hazard
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.
50 posted on
10/20/2005 4:57:01 PM PDT by
Antoninus
(The greatest gifts parents can give their children are siblings.)
To: Antoninus
"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?"
No, the 14th amendment was passed after that, restricting the ability of states to limit our rights, which includes the right to free speech.
"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"
Speech can be regulated as commerce? So the commerce clause trumps the first amendment?
51 posted on
10/20/2005 5:08:33 PM PDT by
Moral Hazard
("Now therefore kill every male among the little ones" - Numbers 31:17)
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