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MBE® Flashcard

WHEN IS SPEECH CONSIDERED OBSCENE?

 

 

Speech is considered obscene if:

  • the average person, applying contemporary community standards, would find that the work, taken as a whole, appeals to the prurient interest;

  • the work depicts or describes, in a patently offensive way, sexual conduct specifically defined by the applicable state law; and

  • the work, taken as a whole, lacks serious literary, artistic, political, or scientific value.

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