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41.3 What does the First Amendment have to do with it?

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This article is from the Sex Movies FAQ, by director@gti.net (The Director) with numerous contributions by others.

41.3 What does the First Amendment have to do with it?

The first amendment to the U.S. constitution is the fundamental
piece of law which protects U.S. Citizens from censorship. Here it
is:

*******************************************************************

Amendment I (1791)

Congress shall make no law respecting an establishment of
religion, or prohibiting the free exercise thereof; or abridging
the freedom of speech, or of the press; or the right of the people
peaceably to assemble, and to petition the government for a
redress of grievances.
*******************************************************************

It would seem to leave little room for doubt or debate, agreed?
This is not the language of equivocation. Yet U.S. history is rife
with attempts to restrict expression - I mean, surely the first
doesn't protect *THAT*! Yes, Virginia, it does. From Anti-abortion
protests to insults to double fist fucking, Madelyn Murray O'Hare
to Rush Limbaugh, it does. That is, in a legal theory sense. The
practice is a bit different.

 

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