Obscenity is one of the (very few) exceptions to the First Amendment. What exactly makes something “obscene” is somewhat unclear (see the Miller test), but in practice explicit pornography, for example, is not legally considered obscene, in part because the definition is somewhat dependent on community standards and porn is very, very popular.
The FCC can and does regulate over‐the‐air broadcasts to a stricter standard, thanks to its exclusive authority over the inherently limited wireless spectrum. It restricts not just obscenity, but indecency (explicit sex) and profanity (bad language). However, this power does not extend to (e.g.) cable TV, which is not broadcast over the publicly owned airwaves.
The US really does generally have stronger free speech protection than the rest of the developed world. There is no equivalent in the US to a work being “refused classification” as seen in Commonwealth countries. The First Amendment would prohibit it. Some retailers won’t sell unrated or X‐rated films or AO‐rated games, but others can, because the ratings systems are formed by industry groups and are not compulsory.
When the Christchurch shooting happened, the New Zealand government banned both the shooter’s manifesto and the livestreamed video, making them illegal to possess or distribute. I doubt such a thing could happen in the US. (I remember my surprise that NZ actually has a government office named “Chief Censor.”)
The FCC can and does regulate over‐the‐air broadcasts to a stricter standard, thanks to its exclusive authority over the inherently limited wireless spectrum. It restricts not just obscenity, but indecency (explicit sex) and profanity (bad language). However, this power does not extend to (e.g.) cable TV, which is not broadcast over the publicly owned airwaves.
The US really does generally have stronger free speech protection than the rest of the developed world. There is no equivalent in the US to a work being “refused classification” as seen in Commonwealth countries. The First Amendment would prohibit it. Some retailers won’t sell unrated or X‐rated films or AO‐rated games, but others can, because the ratings systems are formed by industry groups and are not compulsory.
When the Christchurch shooting happened, the New Zealand government banned both the shooter’s manifesto and the livestreamed video, making them illegal to possess or distribute. I doubt such a thing could happen in the US. (I remember my surprise that NZ actually has a government office named “Chief Censor.”)