When we think of pornography we usually think of videos that are explicit and graphic in a sexual nature and magazines such as Hustler and Playboy. It also can be found in paintings, sculptures, photos, drawings and the Internet. It can even be performed in a live venue, in front of a live audience. Pornography is a very controversial topic and there are many other factors that contribute to this.
The First Amendment prohibits laws being made that establish a state religion; prohibit free exercise of religion; infringer the freedom of speech or press; limit the right to assemble in a peaceful manner and limit the right to petition the government for a redress of grievances. Under the First Amendment, …show more content…
However, opposition to pornography has become very strong in society. Religion and feminism groups believe that there is an existence of pornography addiction.
A religious objection limits sexual intercourse to the express function of procreation. It is considered immoral and contributes to the immoral behavior in society. Feminist consider it demeaning to women.
To test if speech or expression can be labeled as obscene uses the Miller test. This test was created in 1973 in a case of Miller vs. California. Miller tests looks at whether work is obscene if it would be found appealing to the prurient interest by the average person. It depicts sexual conduct in an offensive way and has no serious literary or artistic value. It uses community standards of the average person which means that material could be considered obscene in one community and not another. Deciding whether the material is of value is decided by National standards. The Miller test is not used for child pornography since in 1982 the Supreme Court decided that protecting children from abuse was of the up most