? I'm confused.
This is something the Supreme Court has struggled with for decades. I can point you to several cases where they tried to interpret it and come up with standards. One of my favorites was Justice Potter Stewart's "I know it when I see it" standard.
I shall not today attempt further to define the kinds of material I understand to be embraced within that shorthand description; and perhaps I could never succeed in intelligibly doing so. But I know it when I see it, and the motion picture involved in this case is not that. - Jacobellis v. Ohio (1964),



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