How certain are you of this? Would you be able to successfully defend every photograph or email you have ever produced against obscenity charges? I think, if it came down to it, the courts could find a hell of a lot of inadvertent pornographers out there.
Note I said 'could': Selective enforcement of over-broad laws is a boon and a horrible threat, because it implies everyone is guilty of something, so the government could pound anyone who bothers them if it chose to.