We Are At War For A Free And Open Internet

Gab follows the Stewart Standard Jacobellis v. Ohio, 378 U.S. 184 (1964) on what constitutes pornography and obscene content.

It’s Miller v California (1973), not Jacobellis (1964), that sets the Supreme Court’s test for obscenity.

Miller created a three-prong test to define obscenity: (1) Is it porn?, (2) Does it actually show sex?, and (3) Is it otherwise useless? [AKA the “SLAPS” test — i.e., does it lack any “ serious literary, artistic, political, or scientific value.”] Anglin’s fat woman meme might be offensive to some, not to mention being politically incorrect … but based on Miller, it definitely wasn’t “obscene” or “pornographic.”

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