๐Ÿ‘ฉ๐Ÿพโ€โš–๏ธap us government review

Obscene speech

Written by the Fiveable Content Team โ€ข Last updated August 2025
Verified for the 2027 exam
Verified for the 2027 examโ€ขWritten by the Fiveable Content Team โ€ข Last updated August 2025

Definition

Sexually explicit expression that meets the three-part Supreme Court test from Miller v. California (1973)โ€”appealing to prurient interest by contemporary community standards, depicting sexual conduct in a patently offensive way, and lacking serious literary, artistic, political, or scientific valueโ€”is not protected by the First Amendment and may be regulated by government. This doctrine shapes federal and state ability to restrict sexual materials while balancing community standards against free-expression principles.

AP course connection

Topic 3.2: 3.2 First Amendment: Freedom of Religion

Unit 3

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