Why has the supreme court upheld prohibition of obscenity?

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2026-04-13 13:40

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The Supreme Court has upheld the prohibition of obscenity primarily because it is considered not to have any redeeming social value and can be harmful to societal morals and welfare. The Court distinguishes obscenity from protected speech under the First Amendment, often referencing the Miller test, which assesses whether material is obscene based on community standards, depiction of sexual conduct, and lack of serious artistic or scientific value. This legal framework aims to balance individual freedoms with the need to maintain public decency and order.

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