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These include obscenity, child pornography, inciting to riot, libel, false advertising, perjury, contempt of court, harassment, threats, copyright infringement and invasion of privacy. Thus, obscenity is not protected speech but a crime.
Although the definition of obscenity is not sufficiently clear, the United States Supreme Court provided a workable attempt in defining what is obscene. In 1973, in the landmark case of Miller v. California the Court held that before any material can be determined obscene, a three-prong test must be met: 1) determine whether the average person, applying contemporary community standards, would find the work taken as a whole appealing to prurient interests; 2) whether the work describes in a patently offensive way, sexual conduct specifically defined by the applicable state law; and 3) whether the work, taken as a whole, lacks serious literary, artistic, political or scientific value...
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