Assertion: speech | /r/HasProperty | unprotected
Facets:
value: under the miller test
type: OTHER
Source sentences:
text: Under the Miller test (which takes its name from Miller v. California (1973)), speech is unprotected if (1) "the average person, applying contemporary community standards, would find that the [subject or work in question], taken as a whole, appeals to the prurient interest" and (2) "the work depicts or describes, in a patently offensive way, sexual conduct or excretory functions specifically defined by applicable state law" and (3) "the work, taken as a whole, lacks serious literary, artistic, political, or scientific value".
text: The rule provides that speech is unprotected if it (1) "visually depicts" children below the age of majority and (2) "performing sexual acts or lewdly exhibiting their genitals".
text: In Chaplinsky v. New Hampshire (1942), the Supreme Court held that speech is unprotected if it constitutes "fighting words".