What are the three standards that must be met to determine if speech is considered obscene?

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2026-04-05 13:55

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To determine if speech is considered obscene, it must meet the Miller Test, which includes three standards: (1) The speech must appeal to the prurient interest, meaning it must provoke lustful thoughts; (2) It must depict or describe sexual conduct in a patently offensive way, as defined by community standards; and (3) It must lack serious literary, artistic, political, or scientific value. If all three criteria are met, the speech may be deemed obscene and thus not protected under the First Amendment.

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