Free Speech Unmuted: I Know It When I See It: Free Speech and Obscenity Laws

Jane Bambauer and I discuss the various rules the Court applies in obscenity cases and the forthcoming Free Speech Coalition v. Paxton decision, which deals with "obscene-as-to-minors" material (not to be confused with child pornography). Fun fact: Associate Justice Potter Stewart, who wrote the "I know it when I see it" line in a 1964 obscenity opinion, later concluded that any such obscenity test would be unconstitutionally vague.