With so much attention focused on the Capitol Hill scandal involving inappropriate text messages sent to interns, commentator Howard J. Bashman notes that a recent appellate decision confirms that federal obscenity prosecutions can be brought based on words that are unaccompanied by obscene visual images. While technology has not reached the point where a person can be prosecuted merely for thinking bad thoughts, there are exceptions to First Amendment protections for the expression of thoughts in language.
Text This: Words Alone Can Violate Federal Obscenity Laws
Special to Law.com
October 9, 2006