Obscenity

In Constitutional Law we finally reached the topic I've been anticipating. Porn! Obscenity! Free speech!

I'm looking forward to discussing this in class today. In the last class prof asked the question "why as a society do we regulate obscenity?" My response: "we live in a puritanical society and the repression of sexuality does more harm than good. We shouldn't regulate obscenity because it is inherently expressive speech." Whoa, that got some choice gasps from the puritans in the room. Hee! I love ConLaw.

John Tehranian's article on the obscenity test used by the Court (established in 1973) and its unworkability, "Sanitizing Cyberspace: Obscenity, Miller and the Future of Public Discourse on the Internet:, 11 Journal of Intellectual Property 1 (2003), made a lot of sense to me when I first read it last year.

Perhaps more on this later, after class.