[Ken H]

If the First Amendment applied to all speech equally, pornography, obscenity (and possibly libel, slander and sedition) would have been protected.

In Madison's time, the First Amendment applied only to Congress. Do you accept that James Madison thought that the First Amendment - where it applied - protected licentiousness by the press?

[Mr. Silverback]

I accept that you've provided Madison quotes that are not placed in their proper historical context. For example, what instances of licentiousness was he referring to? I mean, since we're talking about obscenity being/not being under First Amendment protection, was he referring to obscenity in American newspapers?

Also, if Madison and the other Framers really did believe that valid "licentiousness" included obscenity, why did it take until late in the 20th Century for the courts to discover this plain truth?