| I'm not qualified to speculate how well those laws will stand up to a challenge as a 1st amendment issue. The SCOTUS tends to take a strong protective of the 1st view. My inexpert opinion would be that those laws would be ruled unconstitutional, but my opinion is absolutely not an expert opinion. While I have taken numerous legal courses and have a decent familiarity with law, I am not a lawyer. I will also add that not only am I not a lawyer, I'm not your lawyer and the above isn't legal advice. Consult a qualified legal representative, in the appropriate jurisdiction, if you need to. That said, some areas have some pretty tough obscenity laws that are still on the books. When challenged as a free speech issue, they tend to fall - even though the law may still remain on the books and people still get prosecuted. Florida has at least one such law and they have lost in front of the SCOTUS but still use the law. More recently, it was used to charge the folks who make the overtly degrading porn. They actor does stuff like write on then with lipstick, spit on them, etc... They used the law to charge them, though people have previously appealed that law to the higher courts and won their appeal. I'm not actually sure how they get away with that? |