That is because the false balance is complete bullshit. Free speech means free speech. Obscenity is just special pleading "but it is icky!". The same thing has been happening for centuries. They came across a good idea as a foundational principle and the dumb fuckers wearing dresses we call judges refuse to see it. They then prove that they are all lawyers by constructing elaborate rationalizations. They also did the same thing to the Fourteenth ammendment's equal protection under the law working as grounds barring corruption and injustice.