Obviously, this definition permits different results in different locations and at different times, because it uses contemporary community standards. An item might be considered obscene in El Paso but acceptable in Austin. An item might have been considered obscene a decade ago, but might be considered serious, valuable art today. If material is not obscene, then it is legally protected free speech. Commercial speech is speech that advertises a product or service for profit or for a business purpose.
Commercial speech is entitled to less protection than non-commercial speech.
Specifically, misleading commercial speech or commercial speech that proposes unlawful actions has no protection under the law. The First Amendment also guarantees the freedom of religion. Many people have the mistaken belief that the federal Constitution requires a wall of separation between church and state, and are surprised to learn that the Constitution does not mandate a complete separation between church and state. Clergy may hold public office, religious colleges may receive public grants, and the government may require a church to install smoke detectors or other safety equipment. The Constitution's guarantee of religious freedom has two aspects.