ABSTRACT

Pornographic depictions and sexual activities may be criminalized or protected based on location. Privacy is a fundamental right that protects private, nonharmful sexual activity. However, the state can enforce public morality using police power as long as laws are rational. Though private and public realms may seem to be separate, they overlap in many ways. One example is that the government seems to possess some power to regulate some private morality. Another example is that the government seems to protect and regulate public explicit depictions of sex. Public speech can be regulated according to time, place, and manner if the state demonstrates an important reason.