General Discussion
In reply to the discussion: There MUST be a law against donning bumper stickers so offensive, no, I don't have pix! [View all]onenote
(46,150 posts)of "explicit sexual materials" in the statute.
I take it that you don't claim that a bumpersticker with the word "cocksucker" used in a political context is obscene under the standard for obscentity adopted by the Supreme Court.
I also take it that you agree that a bumpersticker with the word "cocksucker" dosn't fall within subsection (c)(1), which enumerates various types of visual (i.e, picture, photograph, drawing, sculpture, motion picture, videotape, etc) representations of sexual conduct, nudity, etc.
So that leaves (2), which extends the definition of "explicit sexual material" to a book, pamphlet, magazine, printed matter however reproduced that includes the matter in (1) or explicit and detailed verbal descriptions or narrative accounts of sexual excitement, sexual conduct, etc.
Obviously the bumper sticker doesn't include the visual representation as described in (1), so that leaves only the second part of (2). But a bumpersticker with a single word cannot possibly meet the test of an "explicit and detailed" (not "or"
verbal "description or narrative account of sexual excitement, sexual conduct. This is particular the case where the single word is used as an epithet in a political context not in a sexual context. A bumper sticker with a visual depiction of two individuals engaged in intercourse with clear depiction of genatalia --- prohibited by the statute. A bumper sticker with the word "fucker" -- not an "explicit and detailed" description of what a "fucker" is -- not within the statutory language, not within the statutory language, especially when used as an epithet in the context of political speech not for its sexual meaning.
The fact that minors may see the word cocksucker or fuck or vagina or penis or any number of words that, if depicted in a visual represenation rather than as a single word doesn't give the state the right to ban it or impose penalties for it. As stated by Justice Frankfurter, writing fo a unanimous Supreme Court in the often overlooked but very important first amendment case, Butler v. Michigan, the government generally may not "reduce the adult population ...to reading only what is fit for children."
Finally, the reason that you don't see the word cocksucker on poltical or billboard advertisements (or in magazine advertisements either) is that the word is offensive to many and thus, while one might have the right to use it, that doesn't mean its a good idea.