In Miller v. California, the Supreme Court ruled that expression is legally obscene only if it satisfies three elements. First, the material, taken as a whole, must appeal to the “prurient interest” (an excessive interest in sex). Second, it must depict sexual conduct in a patently offensive way as defined by law. And third, the material must lack any serious literary, artistic, political, or scientific value. It’s a demanding standard.
If a work fails to meet even one of these three elements, the First Amendment protects it.
God, I can’t wait for them to hire someone with an art degree as an expert witness to testify on the artistic value of the image of Shrek jerking it
the material must lack any serious literary, artistic, political, or scientific value
It’s already politically significant. Instant fail right there.
We can also get into the social and political commentary, as that is protected speech too. What does Shrek represent? Let’s get a film buff, historian and a political analyst on board to discuss.
Literally 1984
What does the First Amendment say?
About Shrek’s schlong specifically? Nothing, surprisingly.
This is why the American amendments are a failed system.
Absolute legend
The text messages include Byrnes’ political commentary, him calling Cirino his oft-repeated and derisive nickname “Young Mussolini,” and Byrnes plugging his own newsletter.
It also contains a digitally altered version of Shrek, the ogre with a titular children’s movie franchise, with his penis exposed. An affidavit with Byrnes’ arrest report refers to the depiction of Shrek as “fully nude with an exposed and erect humanlike penis engaged in an act of masturbation.”
Aside from very narrow exceptions to the First Amendment, such as true threats or obscenity, the government generally cannot punish people for saying things to or about public officials, even if some find the speech offensive, insulting or vulgar.
They gonna get a lot more shrek schlong
Would be a real shame if the phone number was shared somewhere and the senator started getting shrek memes
Is it okay if I post my number instead? Asking for a friend
