1. What is Obscenity?

2. What is Obscenity?
The First Amendment does not protect obscene speech. In Roth v. United States (1957) Justice Potter Stewart said, “I can’t define obscenity, but I know it when I see it.”

3. The Miller Test
Miller v. California (1973) establishes a three-pronged, community standards test.

4. The Miller Test
Does the material, taken as a whole, appeal to a prurient interest in sex?

5. The Miller Test
Does the work depict or describe, in a patently offensive way, sexual conduct outlawed by the state?

6. The Miller Test
Does the work, taken as a whole, lack serious literary, artistic, political or scientific value?

7. Limits on Pornography
Zoning laws have been used to limit the “adult” stores.

8. Limits on Pornography
States have broad latitude in regulating child pornography, even when the material is not technically obscene.