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Unprotected Speech Document

This document discusses types of speech that are not protected by the First Amendment, including obscenity, fighting words, defamation, child pornography, perjury, blackmail, incitement of lawless action, true threats, and solicitations of crime. It outlines the Miller Test for determining obscenity, which considers if the content appeals to prurient interest, depicts sexual conduct offensively, and lacks serious value. Key terms like prurient and prima facie evidence are also defined.

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Wiley Davis
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50 views1 page

Unprotected Speech Document

This document discusses types of speech that are not protected by the First Amendment, including obscenity, fighting words, defamation, child pornography, perjury, blackmail, incitement of lawless action, true threats, and solicitations of crime. It outlines the Miller Test for determining obscenity, which considers if the content appeals to prurient interest, depicts sexual conduct offensively, and lacks serious value. Key terms like prurient and prima facie evidence are also defined.

Uploaded by

Wiley Davis
Copyright
© Attribution Non-Commercial (BY-NC)
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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Unprotected Speech-Speech not protected by the first amendment

 Obescenity-Determine by the Miller Test/ Prurient Test


 Fighting Words-Words/Phrases whose only purpose is to provoke others to commit
violent acts
 Defamation-includes libel and slander. Generally saying information to harm a the
reputation of another
 Child Pornography-Pretty self-explanatory. Virtual child pornography, drawn/designed
images of children engaging in sexual acts, is protected
 Perjury-Lying under oath. Also extended in many cases to the police as well (Obstruction
of justice)
 Blackmail-Any attempts to extort money from another.
 Incitement to Imminent Lawless Action-example promoting a riot.
 True Threats-A real threat made to a person’s safety by another.
 Solicitations to commit crimes-seeking to engage another to commit a crime

The Three Points of the Miller Test:


•The average person, applying contemporary community standards' would find that the
work, taken as a whole, appeals to the prurient interest.
•The work depicts or describes, in a patently offensive way, sexual conduct specifically
defined by the applicable state law
•The work, taken as a whole, lacks serious literary, artistic, political, or scientific value.

Definitions
Prurient-having or encouraging an excessive interest in sexual matters
Prima Facie Evidence-evidence that is sufficient enough to raise a presumption of fact or to
establish the fact in question unless rebutted

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