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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.
United States obscenity law deals with the regulation or suppression of what is considered obscenity and therefore not protected speech or expression under the First Amendment to the United States Constitution. In the United States, discussion of obscenity typically relates to defining what pornography is obscene. Issues of obscenity arise at ...
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 government is not permitted to fire an employee based on the employee's speech if three criteria are met: the speech addresses a matter of public concern; the speech is not made pursuant to the employee's job duties, but rather the speech is made in the employee's capacity as a citizen; [47] and the damage inflicted on the government by the ...
Cases pertaining to whether or not extending protections to speech constitutes government endorsement of speech. Pleasant Grove City v. Summum, 555 U.S. 460 (2009) Walker v. Texas Division, Sons of Confederate Veterans (2015) Matal v. Tam (2017) Iancu v. Brunetti (2019) Shurtleff v. City of Boston, No. 20-1800, 596 U.S. ___ (2022)
Strictly Legal is a weekly column for The Enquirer.
Hate speech in the United States cannot be directly regulated by the government due to the fundamental right to freedom of speech protected by the Constitution. [1] While "hate speech" is not a legal term in the United States, the U.S. Supreme Court has repeatedly ruled that most of what would qualify as hate speech in other western countries is legally protected speech under the First Amendment.
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.