Violence isn’t obscenity, Supreme Court affirms

Wednesday, June 29, 2011

Writing on Jurist, legal news and research from the University of Pittsburgh School of Law, First Amendment Center scholar David L. Hudson Jr. notes that in Brown v. Entertainment Merchants Association, the U.S. Supreme Court “rejected the concept of violence as obscenity, refusing to expand that category beyond its sexual moorings.”

Hudson also reports that he attended the June 27 Court session where the ruling was handed down, and observed that “Justice Scalia appeared to relish reciting the portion of his opinion where he cited a litany of examples of violence in children’s fairy tales.”