The Instigator
Brainmaster
Pro (for)
Losing
0 Points
The Contender
jadelynn132
Con (against)
Winning
40 Points

Obsecnity Laws are against the US Consitution

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Voting Style: Open Point System: 7 Point
Started: 6/8/2011 Category: Society
Updated: 5 years ago Status: Voting Period
Viewed: 1,167 times Debate No: 16949
Debate Rounds (4)
Comments (3)
Votes (7)

 

Brainmaster

Pro

Well, here's my first debate. I implore you not to take it easy on me though :)

The subject is in the title- first round for introductions.

Let's go!
jadelynn132

Con

Forgive my lack of proper structure...this is my first debate too!

But I'd like to first start by properly defining obscenity vs. indeceny
Indeceny, by common definition, is anything that is offensive to public moral values. Although Indecency is frowned upon by those in society, it IS protected under the first amendment, which allows for freedom of speech.
Obscenity, however, is not protected, as it it seen as a level of indeceny that goes beyond common acceptance.

According to the U.S. Supreme Court, to be obscene, material must meet a three-prong test:

1) an average person, applying contemporary community standards, must find that the material, as a whole, appeals to the prurient interest (i.e., material having a tendency to excite lustful thoughts).
(2) the material must depict or describe, in a patently offensive way, sexual conduct specifically defined by applicable law.
(3) the material, taken as a whole, must lack serious literary, artistic, political, or scientific value. The Supreme Court has indicated that this test is designed to cover hard-core pornography.

Because the supreme court, which represents the US constitution as a living document, outlaws obscenity, obscenity laws cannot be seen as agains the US constitution.

Pro needs to disprove this fact.
Debate Round No. 1
Brainmaster

Pro

Thanks for accepting jadelynn123.

Well, my opponent has placed the laws in place. I will now attempt to show why they are illegal. This can be condensed into one argument.

A1. Obscenity can also constitute freedom of speech. From amendment 1 to the constitution: Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

Since obscenity can also constitute freedom of speech, which is protected by the first amendment to the constitution, obscenity laws are unconstitutional. I await the next argument.

Regards, Brainmaster
jadelynn132

Con

This was a great topic for debate brainmaster. However, if Obscenity should be lawful simply because it represents someone's free speech, couldn't many other things that most people find unlawful? If I have a blade, and I choose to run through the streets, slashing left and right at people, am I simply expressing my "freedom of speech"?

No, I am not, because the constitution stands to make laws that support civil rights as well as civil liberties. Civil liberities are rights that protect individual expressions, actions and beliefs; However, all individual civil liberties are unlawful once they begin to infringe upon the liberties of others. If someone is to do something publicly that goes beyond indeceny, and that is agreed upon to be obscene by his or her fellow citizens, he is therefore breaking the law, and is going against both the common people and the US Constitution.
Debate Round No. 2
Brainmaster

Pro

R1. No. That is not speech, or the press. That is attempted murder. "Free speech" is words and thoughts, not actions.

R2. Words can't infringe upon liberties alone. That take action. If I call all gays "f*****s," that is freedom of speech. If I burn gays over a bonfire that is attempted or first degree murder. Common people don't decide the law. This is a republic, not a democracy.
jadelynn132

Con

Response to R1:

To keep the focus of the argument at hand, we must go back to the statment:

"Obscenity Laws are against the US Constitution."

Nowhere in that statement does it mention specifically freedom of speech. Obscenity comes in many forms, as the definition of obscenity relates to what is overwhelmingly offensive in the view common citizens of a given area. The bill of rights protects all forms of expression, which includes speech, written language, as well as artistic or expressive actions, as long as those expressions do not infringe upon the rights of others.

Other ways of "expression" or actions that individuals do are also found to be obscene. For example, a 24-year-old Hallsville man was sentenced to six months in Smith County Jail for a misdemeanor charge of possession of obscenity after a trial that began with felony charges. In this case, the "obscenity" was child pornography, which goes far beyond calling someone a "F***" or writing cuss words in a newspaper.

http://www.news-journal.com...

Response to R2:

The people decide what is "Obscene" and what is decent. Where a thong bikini was once considered "obscene" in American society, it now has a market, is acceptable to the public, and has a song. Though the nation is a republic, it is a DEMOCRATIC republic, which means that the views of the public shape the opinions that shape the forming of the laws of the nation. If the people do not find a behavior or speech to be obscene, it won't considered that way. And if the people did not find obscenities to be so offensive, there would be no laws against it. The people are in favor of laws that protect against obscenity, therefore the constitution supports them.
Debate Round No. 3
jadelynn132

Con

Since my opponent has forfeited, I'd simply end by saying that though freedom of expression is supported by the constitution, restriction of ludeness or obscenity does not make Obscenity laws unconstitutional.
Debate Round No. 4
3 comments have been posted on this debate. Showing 1 through 3 records.
Posted by izbo10 5 years ago
izbo10
wow, i was with pro, if he didn't forfeit i think he could have pulled this out.
Posted by Ore_Ele 5 years ago
Ore_Ele
Has Pro ever finished a serious debate?
Posted by BenYadangsi 5 years ago
BenYadangsi
You better win! I would be devistated if you lost, because obsecnity laws are against the US Constitution.
7 votes have been placed for this debate. Showing 1 through 7 records.
Vote Placed by Spartan 5 years ago
Spartan
Brainmasterjadelynn132Tied
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Total points awarded:07 
Reasons for voting decision: well, the forfeit inspires me to give more points to con
Vote Placed by Double_R 5 years ago
Double_R
Brainmasterjadelynn132Tied
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Total points awarded:07 
Reasons for voting decision: Pro had no chance after R3.
Vote Placed by Haasenfeffor 5 years ago
Haasenfeffor
Brainmasterjadelynn132Tied
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Total points awarded:07 
Reasons for voting decision: win
Vote Placed by Ore_Ele 5 years ago
Ore_Ele
Brainmasterjadelynn132Tied
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Total points awarded:04 
Reasons for voting decision: Pro forfeits yet another debate.
Vote Placed by Cliff.Stamp 5 years ago
Cliff.Stamp
Brainmasterjadelynn132Tied
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Total points awarded:01 
Reasons for voting decision: forfeit.
Vote Placed by BangBang-Coconut 5 years ago
BangBang-Coconut
Brainmasterjadelynn132Tied
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Total points awarded:07 
Reasons for voting decision: Forfeit :P Honestly Con won anyway; Great job!
Vote Placed by Dmetal 5 years ago
Dmetal
Brainmasterjadelynn132Tied
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Total points awarded:07 
Reasons for voting decision: Owned!