obscene

Obscene material refers to work that, when considered as a whole, depicts an overall theme or purpose pertaining to sexual conduct and/or abuse. Obscene material also does not have any serious literary, artistic, political, or scientific value which would be protected under the First Amendment’s freedom of speech and expression. According to the Supreme Court in Miller v California , the test to determine whether material is obscene is whether:

• An average person of the community would find that work, taken as a whole, appeals to or encourages prurient interest;

• The work depicts or describes, in a patently offensive way, sexual conduct specifically defined by the applicable state law; and

• The work, taken as a whole, lacks serious literary, artistic, political, or scientific value.

Additionally, while obscene material does not receive First Amendment free speech protection, “sexual expression which is indecent but not obscene is protected by the First Amendment,” as established by the Court in Reno v ACLU .

For more information, please see: Obscenity.

[Last reviewed in January of 2025 by the Wex Definitions Team ]

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