a bill some whacko proposed that has no chance of passing
A lot of the craziest shit in the lawbooks were things some whacko proposed "that has no chance of passing".
and would be struck down in 5 minutes on first amendment grounds of it did
Current SCOTUS precedent is that the First Amendment does not protect porn if it contains "obscenity". Specifically, any porn can be banned if it:
- Makes people uneasy
- Includes offensive sexual conduct - as decided by state law (?!?)
- "lacks serious literary, artistic, political, or scientific value"
It's called the Miller Test
Notice the wording used in the proposed law. It's already been pre-considered to have a solid chance of surviving a SCOTUS appeal. And the current SCOTUS wouldn't dream of overriding Conservative jurisprudence.
pearl clutchers act like it’s the end of the world
Unfortunately, this is the type of anti-reactionary discussion that led to us being genuinely surprised when Roe v Wade got overturned. Clarence Thomas used the opportunity to signal that he would like to overturn Obergefell and Griswold as well. And he 100% has Barrett on his side and almost certainly has Kavanaugh. That means all he has to do is elbow Gorsuch and suck off Roberts and porn (and sex toys) could be illegal in some states, working towards a federal ban.