Comment Re:Wtf? (Score 1) 289
It's not as simple as that.
Obscenity not protected by the first amendment if it passes the miller test, from wikipedia:
The Miller test was developed in the 1973 case Miller v. California. It has three parts:
Whether "the average person, applying contemporary community standards", would find that the work, taken as a whole, appeals to the prurient interest,
Whether the work depicts or describes, in a patently offensive way, sexual conduct specifically defined by applicable state law,
Whether the work, taken as a whole, lacks serious literary, artistic, political, or scientific value.
The work is considered obscene only if all three conditions are satisfied.