Pepperdine Law Review Volume 30 Issue 1 Article 1 12-15-2002 Conflicting Images of Children in First Amendment Jurisprudence David L. Tubbs Follow this and additional works at: https://digitalcommons.pepperdine.edu/plr Part of the First Amendment Commons, and the Juvenile Law Commons Recommended Citation David L. Tubbs Conflicting Images of Children in First Amendment Jurisprudence, 30 Pepp. L. Rev. Iss. 1 (2003) Available at: https://digitalcommons.pepperdine.edu/plr/vol30/iss1/1 This Article is brought to you for free and open access by the Caruso School of Law at Pepperdine Digital Commons. It has been accepted for inclusion in Pepperdine Law Review by an authorized editor of Pepperdine Digital Commons. For more information, please contact
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[email protected]. Conflicting Images of Children in First Amendment Jurisprudence David L. Tubbs* The corruption of the public mind, in general, and debauching the manners of youth, in particular,by lewd and obscene pictures exhibited to view, must necessarily be attended with the most injurious consequences, and in such instances, courts ofjustice are, or ought to be, the schools of morals.' [T]he Constitution does not permit government to decide which types of otherwise protected speech are sufficiently offensive to requireprotection for the unwilling listener or viewer.... [T]he burden normally falls upon the viewer to "avoidfurther bombardment of [his] sensibilities simply by averting [his] eyes. "2 TABLE OF CONTENTS I. INTRODUCTION II. OBSCENITY JURISPRUDENCE FROM 1868 TO 1957: AN OVERVIEW III. CRACKS IN THE SHIELD: THE NEW OBSCENITY JURISPRUDENCE AND THE PROBLEM OF "INCIDENTAL EXPOSURE" IV.