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<< obscenity is protected, just can't direct it at others. >>
Tell that to the guy in Michigan who was arrested, prosecuted, and convicted of shouting public obscenities during a canoe trip in the presence of women and children. His conviction has yet to be overturned.
Obscenity is not protected as long as the language 'deemed' obscene by the law serves no purpose for conveying core speech or expression protected by the 1st Amendment. The 1st Amendment at its core is about protecting POLITICAL speech, not any old thing that might come out of someone's mouth.
Obscenity as speech for the sake of obscenity alone is 'speech' at the fringe edges of 1st Amendment's protections, and thus may be restricted in certain ways. No law could prohibit you from using obscenities in your own home, but we can and do regulate what you say in public. Many states don't, but they certainly could. >>
ok i think you are right, sounds logical to me, i admit, my mistake. cleared out some gray area of the law for me