Final answer:
Obscenity is not protected by the First Amendment, as established in the case of Roth v. United States (1957). The Court has left it to juries to determine obscenity based on guidelines provided, and the Miller test is commonly used for this purpose.
Step-by-step explanation:
Obscenity is not protected by the First Amendment, as established in the case of Roth v. United States (1957). The Supreme Court has ruled that obscenity falls outside the scope of free speech and does not receive constitutional protection. However, determining what constitutes obscenity can be subjective, and the Court has relied on guidelines provided to juries in cases such as Miller v. California (1973). The Miller test determines if a work appeals to the prurient interest, is patently offensive, and lacks serious value.