Explain This...

Obscenity is not protected by the 1st Amendment, so why is pornography! In 1973 obscenity became defined by the Miller test:

• "Would the average community member find that the material in question appeals to a morbid or degrading interest in sex?" 
• "Does it show or describe sexual content in a patently offensive way?" 
• "And then, considering a broader, nationwide audience, does it lack literary, artistic, political or scientific merit?" 

The problem you can see is that obscenity is loosely defined. If someone wanted to enforce this existing law under title 18, they would struggle with its vagueness, takes time and many people don’t want to spend the energy on it. But when they do it sends a message that the laws we do have are still enforced.