MBE Rules · Constitutional Law
Obscenity
Miller v. California
The rule
Speech is obscene if the average person applying contemporary community standards finds it appeals to the prurient interest, depicts sexual conduct in a patently offensive way defined by law, and lacks serious literary, artistic, political, or scientific value judged nationally.
In plain English
Obscenity is a category of speech that is not protected by the First Amendment. To be considered obscene, a work must appeal to the prurient interest, depict sexual conduct in an offensive manner, and lack any serious value in literary, artistic, political, or scientific terms when judged on a national scale.
Worked example
A local theater shows a film that graphically depicts sexual acts and is deemed offensive by the community. While some viewers argue it has artistic merit, the average person in the community finds it primarily appeals to sexual desire. The court rules that the film is obscene and not protected by free speech rights.
Memory hook
Obscenity: Prurient, Offensive, No Value.
The trap
Exams often include works that have some artistic or political elements, tricking students into thinking they are protected when they may not meet all three criteria for obscenity.
How examiners test it
Questions typically present a fact pattern involving a controversial work and ask whether it meets the criteria for obscenity, often requiring students to analyze community standards and the work's overall value.
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