re: #1 Kragar

It can be done: Russia bans profanity. Our 1st Amendment protects political speech, not profanity - Bryan Fischer

Obscenity

A category of speech unprotected by the First Amendment.

A comprehensive, legal definition of obscenity has been difficult to establish. Yet key components of the current obscenity test stem from a District Court case tried in 1933. United States v. One Book Called “Ulysses” 5 F. Supp. 182 (S.D.N.Y 1933), aff’d United States v. One Book Entitled Ulysses by James Joyce, 72 F2d 705 (2nd Cir. 1934) determined that a work investigated for obscenity must be considered in its entirety and not merely judged on its parts.

Currently, obscenity is evaluated by federal and state courts alike using a tripartite standard established by Miller v. California 413 U.S. 15 (1973). The Miller test for obscenity includes the following criteria: (1) whether ‘the average person, applying contemporary community standards’ would find that the work, ‘taken as a whole,’ appeals to ‘prurient interest’ (2) whether the work depicts or describes, in a patently offensive way, sexual conduct specifically defined by the applicable state law, and (3) whether the work, ‘taken as a whole,’ lacks serious literary, artistic, political, or scientific value.

bryan has a problem here in that 1) obscenity and profanity are not the same thing, and 2) his standards are abnormal, not ‘contemporary community standards’