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by dotnet00 1184 days ago
CSAM is not in violation of the first amendment because the supreme court decided that obscenity isn't protected speech. It isn't specifically that the first amendment only protects political speech, like with abortion, obscenity limitations - particularly related to children - are just something the court made up which no one really openly disagrees with (for obvious reasons).

In a way it shows that the first amendment isn't really all that absolute. Say something that enough powerful people find gross and they'll just make it out to be an unstated exception.