[BlackFly]

The problem is, the definition of obscenity is community based in the USA. It is totally allowable for the government to censor things which the public considers obscene and the government used to censor literature explaining how to get a divorce.

So, the views of the community have evolved since then and people no longer consider calls for divorce to be obscene. Therefore, the government is not allowed to censor them.

However, no changes have been made to the legal framework. You can easily fall back into Comstockery if the public overwhelmingly decides that such a thing is obscene. The Miller test is not something to be proud of as the safeguard of freedom of expression especially when you consider the current context: people finding discussions of safe prostitution to be obscene. Compare that to the protections offered to people calling for genocide (of Jews, of Muslims, of Atheists, of blacks, etc.) and it is rather perplexing.