Top 10 List Points to Rulings That Help Preserve Sexual Liberties

PHILADELPHIA — Adult entertainment journalist Alex Henderson has come up with a Top 10 list of landmark U.S. court rulings that have preserved fundamental sexual freedoms and prevent the right from others controlling your sex life.

Henderson, who contributes frequently to XBIZ World, noted in a piece posted on Salon.com that "if the Christian Right had its way, the U.S. would be a fundamentalist theocracy in which contraception, homosexuality, abortion, sexually explicit hip-hop lyrics and all adult pornography were illegal."

"But making the U.S. that much of a theocracy would mean overturning a lot of major Supreme Court decisions," he says in the piece, which originally appeared on AlterNet.

Henderson emphasized 10 landmark decisions that have had major implications for sexual freedom in the U.S., including:

1. Stanley v. Georgia (1969): The ruling upheld that selling, creating or distributing obscene adult material was illegal, but a consumer could not be charged with obscenity merely for being in possession of that material.

2. Roe vs. Wade (1973): The decision declared most of the state abortion laws that existed at the time to be unconstitutional.

3. Regina vs. Hicklin (1868): A British case rather than a U.S. case, it had a profound influence on American obscenity law. The case involved the distribution of copies of an anti-Catholic pamphlet titled “The Confessional Unmasked.” The Court of Queen’s bench ruled that even if a small portion of a book or pamphlet had a “tendency to deprave and corrupt,” all of it was obscene.

4. Roth vs. the U.S. (1957): No less than 144 years after Regina vs. Hicklin, U.S. law continues to state that obscenity is not protected by the First Amendment. But what has changed dramatically since then is the way obscenity is defined. In 1957, the Supreme Court under Chief Justice Earl Warren redefined obscenity in a major way with its landmark ruling in Roth vs. the U.S. The Roth decision threw out the Hicklin standard and said that an artistic or literary work could not be obscene because of a small or isolated passage; the intent of the entire work had to be considered.  

5. Miller vs. California  (1973): The Miller test was born by applying standards for  media, which makes it obscene if it 1) appeals to a prurient interest when contemporary community standards are applied; 2) is patently offensive; and 3) lacks serious literary, artistic, political or scientific value when taken as a whole. The ruling continues to be the standard for determining obscenity in the U.S.

6. Griswold vs. Connecticut (1965) and Eisenstadt vs. Baird (1972): Griswold vs. Connecticut struck down a state law that forbade the use of contraceptives for married couples; Eisenstadt vs. Baird  expanded the statute to unmarried couples.

7. Lawrence vs. Texas (2003): The U.S. Supreme Court handed down a ruling declaring a Texas sodomy law to be unconstitutional and in effect invalidated sodomy laws in 13 other states. 

8. Reno vs. American Civil Liberties Union (1997): The Communications Decency Act of 1996 made it a crime to knowingly transmit “obscene or indecent” images to anyone under 18; using some of the language of the Miller test, the CDA made it a crime to send minors material that “depicts or describes, in terms patently offensive as measured by contemporary community standards, sexual or excretory activities or organs.” But when the American Civil Liberties Union challenged the CDA, the U.S. Supreme Court struck down anti-indecency elements of the CDA on the grounds that they violated the First Amendment.  

9. Ashcroft vs. Free Speech Coalition (2002): The Free Speech Coalition challenged parts of the Child Pornography Prevention Act — and they were struck down at the U.S. Supreme Court in 2002. The Supreme Court upheld the illegality of actual child pornography but pointed out that countless mainstream Hollywood films have had stories depicting sexual situations among teenagers, including American Beauty and Traffic. The FSC applauded the High Court’s decision, asserting that government’s prosecutorial efforts should be focused on real child pornography instead of “virtual child pornography.”

10. Jack Thompson vs. the 2 Live Crew (1992): 2 Live Crew, a Miami-based rap group known for its sexually explicit lyrics, raunchy humor and song titles like “We Want Some Pussy,” “Head, Booty & Cock,” “The Fuck Shop,” “Me So Horny” and “S&M,” was found guilty for obscenity; some retailers were even arrested for selling it. But a court of appeals in Georgia overturned and asserted that "As Nasty As They Wanna Be" did not fit the Miller test for obscenity — and that decision was later upheld by the U.S. Supreme Court.

Related:  

Copyright © 2026 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

Cali Sweets Fronts Latest From MYLF

Cali Sweets stars with Pierce Paris and multi-XMAs winner Derek Kage in the latest release from MYLF series “MYLF Singles.”

Andi Avalon Stars in Latest From New Sensations

Andi Avalon stars with reigning and three-time XMAs Male Performer of the Year Vince Karter in the latest release from New Sensations.

Courtney Tillia Makes Her Brazzers Debut

Courtney Tillia has made her Brazzers debut alongside Victor Ray in “The Secret Pervy Life of the Mind.”

Lilly Benz, Chris Epic Front New Release from Grooby

Lilly Benz stars with Chris Epic in the latest release from Grooby Girls, titled “Grooby Plumbing to the Rescue.”

Cheerleader Kait Makes Her Vixen Debut

Cheerleader Kait has made her Vixen debut alongside multi-XMAs winner Alex Jones in the new scene “Petite Hottie Has a Tight Grip.”

Eporner Must Face Copyright Suit After Judge Affirms Jurisdiction

A U.S. district court has ruled that it has jurisdiction to hear a copyright infringement lawsuit brought by adult website operators against tube site Eporner, even though Eporner is based outside the United States.

Isa Bella Headlines Latest Volume of Sweet Sinner's 'Why We Cheat'

Isa Bella toplines the second volume of "Why We Cheat," the latest release from Mile High Media studio imprint Sweet Sinner.

Deeper Debuts Kayden Kross Fantasy Feature 'Equilibrium'

Vixen Media Group studio imprint Deeper has released the first installment of multi-XMA-winning director Kayden Kross's new fantasy feature “Equilibrium.”

BranditScan Launches API, Affiliate Initiatives

BranditScan has launched its new public API and an affiliate program for creators.

Sophia Locke Stars in Latest From New Sensations

Reigning XMAs MILF Performer of the Year Sophia Locke stars with Vince Karter and Will Pounder in the latest release from New Sensations.

Show More