Sexual speech has been singled out as a form of speech that does not receive complete constitutional protection under federal law. How a particular court classifies sexual speech largely determines the level of protection accorded to the speech. This article addresses three primary classifications of sexual speech: obscenity, indecency, and child pornography.  

Part I of this article elucidates the relationship between the First Amendment and sexual speech, including obscene speech and indecency. Part II explores the extent to which obscene and indecent speech may be regulated and criminalized,  in public and commercial arenas as well as in private possession, and discusses enforcement by the Obama administration. Part III examines special regulations pertaining to child pornography.