MBE® Flashcard
WHEN IS SPEECH CONSIDERED OBSCENE?
Speech is considered obscene if:
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the average person, applying contemporary community standards, would find that the work, taken as a whole, appeals to the prurient interest;
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the work depicts or describes, in a patently offensive way, sexual conduct specifically defined by the applicable state law; and
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the work, taken as a whole, lacks serious literary, artistic, political, or scientific value.
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