majorspark;1386010 wrote:Obscene speech is directed at others when in the public setting. Obscene speech is not banned. Its access is only restricted to those of age that choose to hear/view it.
Well you have been humping a total ban. Making Americans criminals for privately possessing certain firearms. This is not the case concerning obscene speech. Your correlation is invalid.
No, you are incorrect. It amounts to "obscene" and gets no protection anywhere if it violates the Miller Test. Pornography for example that you ahve to be a certain age to view is not considered "unprotected obscene speech". What amounts to "obscene" under the Miller Test gets no protection whatsoever.
A classic example that eventually got its own category is child pornography. In most states, a 16 year old can legally consent to sex with a 50 year old. However, if this was filmed, it would be deemed child pornography and it is one example of speech that gets no protection from the first amendment.
There has also been efforts to make several other types of speech get no protection from the first amendment i.e. flag burning.
It's analagous because just viewing "obscene" speech in your own private home gets no protection. Americans cannot privately possess or produce speech that is considered Obscene/Child Porn. So, you might not lawfully possess weapons that the American People come to believe are "obscene"
And, I'm not sure I've been "humping" a total ban...but if our national conversation lead us to be horrified enough by semi-automatic technology under a miller test type of analysis, I'd be ok with it.