Lolita the book is protected because it fails the third prong of the Miller test. Nabokov's Lolita is considered to have "serious literary, artistic, political, or scientific" value. However, that test sets the bar at a completely arbitrary level:
What about Adrian Lyne's 1997 movie, Lolita? It has artistic merit, but arguably not as much as the novel.
What about girls' dancing and gymnastics? Should photography of those activities, even including women's international gymnastics competitions, be banned just because, viewed with an eye toward prurience, they might qualify? Certainly the activities have artistic value, but how much?
What about purely fictional depictions of minors, either in manga (see the case of Christopher Handley's manga possession) or even in fictional stories that may not be deemed to have serious literary merit?
In the case of Christopher Handley, the prosecution ignored the vast majority of his collection, and pursued the handful of manga that actually were straight-up child porn.
What about Adrian Lyne's 1997 movie, Lolita? It has artistic merit, but arguably not as much as the novel.
What about girls' dancing and gymnastics? Should photography of those activities, even including women's international gymnastics competitions, be banned just because, viewed with an eye toward prurience, they might qualify? Certainly the activities have artistic value, but how much?
What about purely fictional depictions of minors, either in manga (see the case of Christopher Handley's manga possession) or even in fictional stories that may not be deemed to have serious literary merit?