Obsenity and the law

The First Amendment protects our freedom of speech, however there are a few exceptions. Obscenity is one of these exceptions and is a form of unprotected speech. The Supreme Court has repeatedly held the view that obscenity is not a First Amendment right, however the definition of obscenity is vague and has caused many debates. To determine if a crime has been committed the law needs to be clear on the difference between which is …showed first 75 words of 491 total…

…showed last 75 words of 491 total…in a patently offensive way sexual conduct specifically defined as obscene in the law 3. Whether the work, taken as a whole, lacks “serious literary, artistic, political, or scientific value”1 The Miller decision did not make it easier for law enforcement to get a conviction. To be determined obscene material must satisfy all three of these tests. With these three tests the court confirmed again that only hard-core pornography was not protected by the first amendment.