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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.
The examples and perspective in this ... was an unconstitutional restriction of free speech under the free speech ... problems with definition of obscenity
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.
Categories of speech that are given lesser or no protection by the First Amendment (and therefore may be restricted) include obscenity, fraud, child pornography, speech integral to illegal conduct, speech that incites imminent lawless action, speech that violates intellectual property law, true threats, false statements of fact, and commercial ...
Obscenity, defined by the Miller test by applying contemporary community standards, is a type of speech which is not legally protected. It is speech to which all the following apply: appeals to the prurient interest, depicts or describes sexual conduct in a patently offensive way, and lacks serious literary, artistic, political, or scientific ...
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 ...
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Whether the speech is sexually vulgar or obscene (Bethel School District v. Fraser). Whether the speech, if allowed as part of a school activity or function, would be contrary to the basic educational mission of the school (Hazelwood v. Kuhlmeier). Each of these considerations has given rise to a separate mode of analysis, and in Morse v.