>>111126
loli is constitutionally protected as far as anyone has been willing to argue (freedom of expression bby), and this is strong enough that US web hosting providers can be willing to host it, although the very existence of obscenity as a concept does throw a wrench into that potentially depending on how loose or broad of a standard is applied
because in a very literal sense, the idea of fetish porn being legal is an actual tossup that lacks the case law for anyone to be particularly certain (even if what cases have come up in recent times are tending towards legal), and loli h-art absolutely is fetish porn （ ´,_ゝ`）

it is legal to possess obscene material but it is not legal to send it or receive it (;´Д`)
the standard of obscenity has gotten narrower over time to the point where I'm not actually sure what would trigger it outside of someone being specifically out for you in particular though

as far as I can tell the concept of obscenity is unconstitutional and I will fucking die on that hill, the concept is a poorly defined category of unprotected speech and that's bullshit, it is a made up loophole to get around first amendment protections

but there's a bunch of shit that is well entrenched law that isn't getting changed
for example, almost any legislation that brings up the commerce clause as being the reason why it is allowed is complete constitutional overreach
the over-leverage of the commerce clause is what brought the US from a loose coalition of what were essentially separate countries (there is a reason why the term state was used) into an singular nation with strong federal rule and there's no chance of that ruling being changed since it would invalidate pretty much the entire government
but obscenity is at least not such a bedrock concept that removing it as a concept would unduly affect the government's ability to operate

dumb shit: there is a chance that goatse might be literally illegal as obscene material and linking it would be a federal crime in that case -- it almost certainly isn't, but who fucking knows, obscenity is a genuinely bullshit legal concept
things like goatse haven't come up in court and the definition of obscenity is some loosy-goosy nebulous shit so who fucking knows
there have been extremely few obscenity cases in recent history and the standard has been getting narrower, at least

tl;dr: porn as it stands now is probably protected in the US (since if it wasn't, it is obscenity and thus federally prosecutable!) but who fucking knows, a bought judge or justice could absolutely fucking claim the other way and ruin everything