2007-02-13 16:25:32 · 8 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
No it is not, but as people said before, obscene needs to be defined. However in the court system, the Supreme Court established the Miller Test while deciding Miller v. California in 1973. The Miller Test states that in order for a work to be obscene, 3 conditions must be taken into account:
* Whether the average person, applying contemporary community standards, would find that the work, taken as a whole, appeals to the prurient interest,
* Whether the work depicts/describes, in a patently offensive way, sexual conduct or excretory functions specifically defined by applicable state law,
* Whether the work, taken as a whole, lacks serious literary, artistic, political, or scientific value.
If ANY of these 3 conditions are met, the speech is protected. I would like to point out that this test allows for community standards (so what might be protected in one state might not be in another). Because this test comes down to interpretation, it has a lot of ins and outs, I would recommend you read up on it and also read your local laws about it. A good place to start is http://en.wikipedia.org/wiki/Miller_test
2007-02-13 17:23:43 · answer #1 · answered by Pat M 3 · 0⤊ 1⤋
When you come up with a definition of the word "obscene" that Liberals and Conservatives can agree on, then you can ask a question like that. For now, you can say anything you want so long as you don't threaten anyone, or say it to a person who has more power than you. Tee off the wrong person, and laws like anything else are a matter of how much $$$ you are willing to spend to get what you want. This is America you know, the land of the free, where nothing is free, not even Justice.
2007-02-13 16:34:47 · answer #2 · answered by blogbaba 6 · 1⤊ 0⤋
The first amendment makes no distinction; but in fact the amendment is far more important when it is protecting speech we don't like. It's very easy to protect speech we all agree with.
The only limit is if your speech may incite violence or panic - like shouting "FIRE!" in a theater.
2007-02-13 16:34:44 · answer #3 · answered by Anonymous · 2⤊ 0⤋
Unless it is endangering someone else, you can say anything you want, anywhere you want, at any time you want. Someone else used the example of yelling "bomb" or "fire" - that could potentially hurt people as they panic to get away from supposed bomb or fire.
However, if I want to go to the middle of the mall and curse you out at the top of my lungs, I can do so. (I'l probably get asked to leave the mall, but I can do so.) If I want to sprinkle my everyday speech with four letter words commonly associated with sex acts, then I can.
can't have anyone arrested for swearing or discussing something you find offensive.
2007-02-13 17:01:26 · answer #4 · answered by Anonymous · 1⤊ 0⤋
No. Your First Amendment rights are guaranteed only to the point where you don't infringe on someone else's First Amendment rights. Like yelling "BOMB!" on an airplane.
2007-02-13 16:31:41 · answer #5 · answered by Anonymous · 2⤊ 1⤋
Define obscene please.. the supream court couldnt do it eons ago... so i'd love to hear the definition...
What was that phrase? I can't define obscene.. but I know it when I see it (a SC judge.. you get to guess which one hehehe) and that was in a WRITTEN OPINION from the court..
2007-02-13 16:31:12 · answer #6 · answered by darchangel_3 5 · 1⤊ 0⤋
It depends. If it causes an uproar, or is intended to start a fight or other engagment may not be protected because it was not generated because of opinion but to start a fight, endanging lives is not protected.
2007-02-13 16:32:57 · answer #7 · answered by Anonymous · 2⤊ 0⤋
Yes.
2007-02-13 16:28:20 · answer #8 · answered by Anonymous · 1⤊ 0⤋