State 5a1 Content Restrictions Obscenity Pornography Protected 1st

Front 5A1. Content Restrictions #3: Obscenity

(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"  

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