Comment by rayiner

“Protected sexual speech” is such a bizarre phrase. Nobody who wrote the first amendment envisioned that. How can you say the First Amendment prohibits a democratically elected legislature from banning something that was never envisioned as being protected by the First Amendment by the people who wrote it? It makes no sense. Surely the views of either the writers of the first amendment of the past, or the democratically elected legislature in the present, must prevail.