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1st Amendment and Free Speech/Pornography and the first ammendment


Is pornography protected under the first amendment in the United States? An acquaintance who works for a phone company in the U.S. recently told me that a gentleman called and said him and his wife both had their phone confiscated. He claimed that she had been viewing pornography on the phones(without his knowledge) and that it was illegal. I am confused because I thought porn was legal to make and view in the US, and that attempts by social and religious conservative to censor/ban porn have been unsuccessful in the past because of this. Also, one can order adult movies through their cable companies, there are many places that sell porn etc. So this does not seem right to me. Could it be possible that she was viewing illegal material? As far as I know there isn't much that is illegal out there with the exception of child pornography, which I think is what law enforcement and government officials are primarily concerned with. I hope you can answer my question. Thank you in advance for your time.


It is true that there is a legitimate adult entertainment industry serving our Nation and the world.  Citizens can order adult movies in their homes in some areas and can shop at adult entertainment stores.  However, it is illegal to view pornography in public.  And, as you correctly discern, child pornography is absolutely and appropriately illegal and unlawful.  Perhaps your friend was viewing the content in public or perhaps it is connected to illegal content.  It is hard to say as I believe some of the facts are missing from the story.  In short, if a Citizen of the U.S. was to have his or her personal cellular telephones seized there is a criminal investigation reason behind it.  


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Jeffrey Hauck


I would welcome the opportunity to answer questions related to or relating to the First Amendment of the U.S. Constitution.


Criminologist. Professor of Criminal Justice. Licensed Private Detective with expansive clientele base encompassing hundreds of cases. Donates resources and time to the Children's Rescue Network in Orlando, FL.

Associate of Science; Bachelor of Arts; Master of Science, Doctor of Jurisprudence Degree.

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