Apedia

State 5a1 Content Restrictions Obscenity Pornography Protected 1st

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