States are free to define what constitutes obscene speech.

Question

Quizplus · Accepted Answer

States have some discretion in defining what constitutes obscene speech, but they must do so within the parameters set by the Supreme Court's standards, which are based on the Miller test from the case Miller v. California (1973). This test outlines what is legally considered obscene and therefore not protected by the First Amendment, but states can vary somewhat in their specific definitions as long as they adhere to these broad federal guidelines.

States Are Free to Define What Constitutes Obscene Speech