Comment Re:What's deviant? (Score 2, Informative) 1003
Preface: I am not a lawyer. What I write here is based on my best understanding of the law.
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Basically, anyting that is obscene falls into the realm of illegality. If something is deemed to be obscene then it is not protected by the First Amendment.
In 1973 the case of Miller v. California resulted in a three-prong test to determine if a work is not protected by the First Amendment.
The opinion, written by Chief Justice of the Supreme Court Warren Burger stated that the following three criteria must be met (note that ALL THREE criteria must be met):
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Basically, anyting that is obscene falls into the realm of illegality. If something is deemed to be obscene then it is not protected by the First Amendment.
In 1973 the case of Miller v. California resulted in a three-prong test to determine if a work is not protected by the First Amendment.
The opinion, written by Chief Justice of the Supreme Court Warren Burger stated that the following three criteria must be met (note that ALL THREE criteria must be met):
- if the average person, applying contemporary community standards would find that the material, when taken as a whole, appeals to the prurient interest
- the material depicts or describes, in a patently offensive manner, sexual conduct specifically defined by applicable law
- the material, when taken as a whole, lacks serious literary, artistic, political, or scientific value
