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How many of the three characteristics for judging obscene speech must be met?

1) One
2) Two
3) Three
4) None of the above

User Kukosk
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1 Answer

3 votes

Final answer:

All three criteria of the Miller test must be met for speech to be judged as obscene and not protected by the First Amendment.

Step-by-step explanation:

To determine whether speech is obscene and not protected by the First Amendment, all three characteristics established by the Miller test must be met. These are (1) whether the average person, applying contemporary community standards, would find that the work, taken as a whole, appeals to the prurient interest, (2) whether the work depicts or describes, in a patently offensive way, sexual conduct as defined by state law, and (3) whether the work, taken as a whole, lacks serious literary, artistic, political, or scientific value. Therefore, the correct response to the question of how many of the three characteristics must be met for judging obscene speech is (3) Three.

User Paul Bellora
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