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Constitutional Law • First Amendment - Free Speech
CONLAW#133
Legal Definition
Yes, the government may seize the assets of a business convicted of violating obscenity laws.
Plain English Explanation
This is important for the practical application of obscenity laws. Imagine if an adult store started selling extremely sexually violent porn videos involving people abusing animals. Under previously discussed rules, the government would likely be able to successfully step in and stop them from selling that content without it violating the Constitution. However, now what do you do with all the videos that can no longer be sold? The videos are private property, owned by the business. If you just say "you can't sell these because they are harmfully obscene," but don't take them, they will likely still find their way into the community by either being sold illegally or disposed of in a publicly accessible way. So the law lets the government seize that property, essentially taking away those risks.
Related Concepts
Are fighting words protected speech?
Are profane and indecent speech protected?
Can government speech be challenged?
How do you analyze a free speech issue?
Is anonymous speech protected?
Is discretion allowed in determining fees for public demonstrations?
Is speech protected when it incites illegal activity?
What are content-based restrictions, and which level of scrutiny is applied?
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What rights do the press have in addition to those granted to private citizens?
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When are time, place, and manner restrictions on speech valid?
When is a law unconstitutionally overbroad?
When is a law unconstitutionally vague?
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When may a private figure recover for defamation regarding a matter of public concern?
When may a public official or figure recover for defamation?
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When may the government burden lawful, non-misleading, non-fraudulent commercial speech?
When may the government punish or limit news reporting?
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When may the government require a license for speech?
When may the government use zoning ordinances to regulate adult businesses?
Which level of scrutiny is applied to content-neutral restrictions?
