Obscenity laws are NOT concerned with the preservation and enforcement of morality, rather, they are concerned with the suppression of minority sexual interests and the imposition of prejudice and fear masquerading as morality.
Why? Because to to lock somebody up over a fictional story, an adult photograph or video they took with consenting adults, or a comic book out of an interest in morality is in and of itself immoral. It represents a lack of mutual respect for their right to free speech and expression, their right to the pusuit of happiness, and your right to simply not indulge or avert your gaze.
Obscenity laws are a cancer on this country’s First Amendment jurisprudence. Anybody who isn’t dissuaded by the pressure of moral coercion can see this.
The freedom of speech transcends the morality paradigm. For good reason.
It is long past due for the SCOTUS to review their precedents in Roth/Miller and any other accompanying cases, and do what’s right for both the American people and our Constitution.
Overrule/overturn it. All of it.
In Lawrence v. Texas, the High Court reviewed the constitutionality of sodomy laws, which upon review, were found to be unconstitutional for want of a legitimate government interest at the expense of the rights of homosexual men. Morality is NOT a legitimate government interest.
Lawrence expressly overruled and reversed the precedent set in Bowers v. Hardwick, which found that acts of homosexual sodomy didn’t receive any form of constitutional protection because they were gay.
This cycle them repeated itself with gay marriage in 2015. It is time for this senseless 1984-esque doctrine on sexual speech to meet its retirement as well.