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There are different levels to freedom of speech. Political speech is afforded the highest protections because it is required for a democracy to function. This was the main reason for the 1st amendment, allowing for public debate and criticism of rulers. Commercial speech is protected, but heavily regulated in order to protect consumers. Obscenity gets very little protection because it does not play a valued roll in society. If speech fails the Miller test, it gets no protection.
1. Whether "the average person, applying contemporary community standards", would find that the work, taken as a whole, appeals to the prurient interest (A morbid, degrading and unhealthy interest in sex, as distinguished from a mere candid interest in sex.)
2. Whether the work depicts/describes, in a patently offensive way, sexual conduct specifically defined by applicable state law.
3. Whether the work, taken as a whole, lacks serious literary, artistic, political or scientific value.
Kiddie porn would fail all 3, and so gets no protection. It can be made illegal and have penalties imposed for owning, making, selling, etc.
Regular adult porn, depicting sex between consenting adults, would be part of a normal interest in sex, so would pass the first test and have some protection. Limitations can be placed on it, but it can't be made illegal to own.
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