Front | 5A1. Content Restrictions #3: Obscenity |
---|---|
Back | (not pornography) Not protected by 1st, therefore states may control it.
3-part test, is it obscene? Miller v. CA: 1) "average person applying contemporary community standards" would fit that, taken as a whole, appeals to "prurient" interest 2) work depicts, in patently offensive way, sexual conduct specifically defined by state law 3) work, taken as a whole, lacks serious literary, artistic, political, or scientific value state may impose regulations on speech that is "harmful to minors" |
Learn with these flashcards. Click next, previous, or up to navigate to more flashcards for this subject.
Next card: Restrictions 5a1 content fighting words public speech create
Previous card: Restrictions commercial speech 5a1 content protected regulate false
Up to card list: Barbri Constitutional Law