Obscene Speech and the 1st Amendment - Explained
What is Obscene Speech?
Written by J. Mance Gordon
Updated at April 21st, 2024
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What is Obscene Speech?
Obscene speech or obscene expressions are those that appeal to the prurient interest.
Such expressions are deemed harmful to the community.
Determine what is Obscene Speech?
There is no standard definition of obscenity; rather, courts determine whether an expression is obscene based upon the beliefs, perceptions, or standards of the local population.
While there is no common definition of obscenity, a state or local law that is too restrictive or broad in its provisions limiting expression is subject to be overturned by the judiciary as an undue restriction on the freedom of speech.
- Example: One community may feel that allowing fully nude dancing in night clubs is obscene; while other communities may not believe it to be obscene.
Related Concepts
- What is the 1st Amendment?
- What are the Establishment Clause and Free Exercise Clause
- How does freedom of religion affect business practice?
- What is the protection of Freedom of Speech?
- Speech with Limited or No Protection
- What are Fighting Words?
- What is Commercial Speech?
- What is Defamation?
- What is Political Speech?
- Overbreadth and Overly Broad Laws
- Freedom of the Press
- Freedom of Assembly