But if you really want to get legal, I present:
Roth v. United States
Basically:
- Obscenity is not protected by the U.S. Constitution
- Obscenity is defined by community standards.
But even if you do go on to read to the bottom a little further about Miller v. California (which I hope you do), it says that obscenity is protected under the First Amendment
unless distributed to
minors and
unwilling third parties.
Falcomist broadcast his speech into public. Therefore, First Amendment does not protect him.
Ahem.
:3