Final answer:
To be labeled obscene, a speech must meet the three-pronged test established by the Supreme Court in Miller v. California (1973). The three elements of this test are whether the material appeals to prurient interest, whether it depicts or describes sexual conduct in a patently offensive way, and whether it lacks serious value.
Step-by-step explanation:
To be labeled obscene, a speech must meet the three-pronged test established by the Supreme Court in Miller v. California (1973). The three elements of this test are:
- Whether the material, as a whole, appeals to the prurient interest of the average person, applying contemporary community standards.
- Whether the material depicts or describes, in a patently offensive way, sexual conduct specifically defined by applicable law.
- Whether the material lacks serious literary, artistic, political, or scientific value.
If a speech meets all three elements, it can be considered obscene.