mtguy8787
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From wikipedia:
United States free speech exceptions - Wikipedia, the free encyclopedia
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Examples like yelling Fire! in a crowded theater represent a clear and present danger. Obscene speech, on the other hand, presents no such thing.
In the case of obscenity, the court has ruled that the speech is unprotected, merely because it goes against community standards, and is deemed to have no value.
Such speech harms nobody.
In a supposedly free society -- how is this justified?
Under the Miller test (which takes its name from Miller v. California [1973]), speech is unprotected if (1) "the average person, applying contemporary community standards, would find that the [subject or work in question], taken as a whole, appeals to the prurient interest" and (2) "depicts or describes, in a patently offensive way, contemporary community standards,[14] sexual conduct defined by the applicable state law" and (3) "the work, taken as a whole, lacks serious literary, artistic, political, or scientific value".[15] Some subsidiary components of this rule may permit private possession of obscene materials at one's home.[16] Additionally, the phrase "appeals to the prurient interest" is limited to appeals to a "shameful or morbid interest in sex".[17][18]
United States free speech exceptions - Wikipedia, the free encyclopedia
~~~
Examples like yelling Fire! in a crowded theater represent a clear and present danger. Obscene speech, on the other hand, presents no such thing.
In the case of obscenity, the court has ruled that the speech is unprotected, merely because it goes against community standards, and is deemed to have no value.
Such speech harms nobody.
In a supposedly free society -- how is this justified?