How do rights revolutions occur? Free speech and the First Amendment

Abstract

Does obscenity law affect moral values and does it matter? Using random judge assignment and all U.S. obscenity precedents since 1958, we report four key findings. Democratic judges, more than Republicans, tended to vote progressively in obscenity cases. Such progressive rulings liberalized sexual attitudes and behaviors, increased asymptomatic STDs, but reduced child abuse. The media played a role in transferring legal precedents onto societal values. These results support a model positing laws not only sanction activities but also shape societal norms, especially when these activities become prevalent.

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Reference

Daniel L. Chen, and Susan Yeh, “How do rights revolutions occur? Free speech and the First Amendment”, Social Science Research, vol. 128, n. 103155, 2025, forthcoming.