The distinction between coverage and protection
. Regulated material is covered by the freedom of expression if the distinctive modes of justification associated with freedom of expression are triggered. Material is protected if the regulation is unjustified. Under US law, obscene materials are not covered by freedom of expression, other sexually explicit materials are – and receive ‘full’ protection subject to some qualifications discussed below. Under proportionality, all sexually explicitly materials are covered by freedom of expression and art, but some receive weaker protection than others, that is, can be regulated with weaker justifications.
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