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The work is considered obscene only if all three conditions are satisfied. [citation needed] The first two prongs of the Miller test are held to the standards of the community, and the third prong is based on "whether a reasonable person would find such value in the material, taken as a whole". [5] For legal scholars, several issues are important.
However, the legislation did not define "obscenity", which was left to the courts to determine on a case-by-case basis. In the United States, the suppression or limitation of what is defined as obscenity raises issues of freedom of speech and of the press, both of which are protected by the First Amendment to the Constitution of the United States.
Miller v. California, 413 U.S. 15 (1973), was a landmark decision of the U.S. Supreme Court clarifying the legal definition of obscenity as material that lacks "serious literary, artistic, political, or scientific value". [1]
The phrase was used in 1964 by United States Supreme Court Justice Potter Stewart to describe his threshold test for obscenity in Jacobellis v. Ohio. [1] [2] In explaining why the material at issue in the case was not obscene under the Roth test, and therefore was protected speech that could not be censored, Stewart wrote:
The court drew a sharp distinction between speech that meets the legal definition of "obscene" and speech that is "indecent" (sexually charged but not rising to the level of "obscene"). The court held that obscene speech could be restricted, but that merely indecent speech was protected by the First Amendment. The court also recognized a real ...
Des Moines ruling was a landmark affirmation of students' expression liberty from government censorship. To this day, free speech champions cite it in their noble advocacy. But the lesson of Tinker v.
In India the Obscenity law is the same as had been framed by the British Government. Charges of obscenity have been levelled against various writers and poets till date; the law has not yet been revised. The famous trials relate to the Hungryalists who were arrested and prosecuted in the 1960s.
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