An Activist Law Firm

Standard Deviation: What’s Obscene in an Online World?

Examining the community standards test of Miller v. California and the unlikelihood of its expansion to consider a “national community.” Obscenity is not protected by the First Amendment, but there is a specific test for finding it, enunciated in Miller v. California. As part of that test, the content must be evaluated by an average person applying “community standards,” which is of extraordinarily limited meaning.
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