Obscene speech is protected by the First Amendment to the United States Constitution.

Question

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Obscene speech is not protected by the First Amendment to the United States Constitution. The Supreme Court has established a three-part test to determine whether speech is obscene: 1) whether the average person, applying contemporary community standards, would find that the work, taken as a whole, appeals to prurient interest, 2) whether the work depicts or describes, in a patently offensive way, sexual conduct specifically defined by the applicable state law, and 3) whether the work, taken as a whole, lacks serious literary, artistic, political, or scientific value. If speech meets this test, it can be regulated or prohibited by the government.

Obscene Speech Is Protected by the First Amendment to the United