Parties: Sable Communications of Cal. v. FCC
Date: 1989-06-23
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Paragraph: 43 - Section 223(b)(1)(A) unambiguously proscribes all obscene commercial messages, and thus admits of no construction that would render it constitutionally permissible. Because this criminal statute curtails freedom of speech far more radically than the Government's interest in preventing harm to minors could possibly license on the record before us, I would reverse the District Court's decision in No. 88-515 and strike down the statute on its face.
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Phrase match: curtails freedom of speech far more
Search time: 2017-10-13 13:47:37 Searcher: ars9ef Editor: ars9ef tcs9pk Segmenter: ars9ef tcs9pk
Paragraph: 18 - N68* Sexual expression which is indecent but not obscene is protected by the First Amendment; and the federal parties do not submit that the sale of such materials to adults could be criminalized solely because they are indecent. The Government may, however, regulate the content of constitutionally protected speech in order to promote a compelling interest if it chooses the least restrictive means to further the articulated interest. We have recognized that there is a compelling interest in protecting the physical and psychological well-being of minors. This interest extends to shielding minors from the influence of literature that is not obscene by adult standards.
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Search time: 2018-04-26 09:34:45 Searcher: clm6u Editor: ars9ef tcs9pk Segmenter: ars9ef tcs9pk
Paragraph: 41 - I have long been convinced that the exaction of criminal penalties for the distribution of obscene materials to consenting adults is constitutionally intolerable. In my judgment, N183* "the concept of 'obscenity' cannot be defined with sufficient specificity and clarity to provide fair notice to persons who create and distribute sexually oriented materials, to prevent substantial erosion of protected speech as a byproduct of the attempt to suppress unprotected speech, and to avoid very costly institutional harms."
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Search time: 2018-04-12 08:37:53 Searcher: clm6u Editor: ars9ef tcs9pk Segmenter: ars9ef tcs9pk
Paragraph: 18 - Sexual expression which is indecent but not obscene is protected by the First Amendment; and the federal parties do not submit that the sale of such materials to adults could be criminalized solely because they are indecent. The Government may, however, regulate the content of constitutionally protected speech in order to promote a compelling interest if it chooses the least restrictive means to further the articulated interest. We have recognized that there is a compelling interest in protecting the physical and psychological well-being of minors. This interest extends to shielding minors from the influence of literature that is not obscene by adult standards.
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Search time: 2018-04-12 08:37:53 Searcher: clm6u Editor: ars9ef tcs9pk Segmenter: ars9ef tcs9pk