Violence as Obscenity: Offensiveness and the First Amendment

Many efforts have been made to restrict minors' access to violent media content basing the definition of the content to be restricted on the legal definition of obscenity, which requires the content to be offensive. Without exception, such restrictions have been found to violate the First Amendment, partly because the laws have defined the violence to be restricted with reference to its offensiveness, while the purpose of the laws has been to protect children from the harms believed to be caused by exposure to such content. This has created a problematic lack of fit between the content to be restricted and the purpose of restrictions. This article examines whether restricting minors' access to offensive violent media content to protect them from its offensiveness makes it any more likely such restrictions will survive First Amendment scrutiny.