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free speech first amendment censorship

  

Obscenity
Obscenity is a constitutionally unprotected form of speech. The test for determining whether something is ‘‘obscene’’ was established by the Supreme Court in 1973 in Miller v. California. The Miller obscenity test asks:
• Whether the average person, applying contemporary community standards, would find that material, taken as a whole, appeals to the prurient interest,
• Whether the material depicts or describes, in a patently offensive way, sexual conduct specifically defined by law; and,
• Whether the material, taken as a whole, lacks serious literary, artistic, political, or scientific value. (This part of the test is governed by national, not community, standards.)

Pornography is not the same as obscenity. Pornography has no legal meaning; it is normally used to refer to sexually explicit material that may or may not qualify as obscene. Similarly, obscenity and indecency are not co-extensive. Decency is a standard used in the regulation of broadcast media to protect minors, and is not part of the Miller test.

Associated Cases:
Bantam Books, Inc. v. Sullivan
Bella Lewitzky Dance Foundation v. Frohnmayer
Contemporary Arts Center v. Ney
Nitke v. Gonzalez
Pope v. Illinois
State v. Bohannon
Ashcroft v. American Civil Liberties Union
These materials are not intended, and should not be used, as legal advice. They necessarily contain generalizations that are not applicable in all jurisdictions or circumstances. Moreover, court decisions may be superceded by subsequent rulings, and may be subject to alternative interpretations. Corrections, clarification, and additions are welcome. Please send to ncac@ncac.org.

 

 

 

 

 

 

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