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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.
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 ...
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.
The 1964 Free Speech Movement at Berkeley was a movement to take that power away from the administration, because it was being used to censor civil-rights activists and anti-war protestors.
How the Backpage prosecution helped create a playbook for suppressing online speech, debanking disfavored groups, and using "conspiracy" charges to imprison the government's targets
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 ...
California, 403 U.S. 15 (1971), the U.S. Supreme Court ruled that the word "fuck", although almost universally considered obscene when used to describe sexual intercourse, is speech-protected by the First Amendment to the United States Constitution when used to express a political belief. On 26 April 1968, Paul Robert Cohen, then 19 years old ...
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]