Bar Exam Practice Questions

How is "obscenity" defined in relation to free speech?

1. As legal expression

2. As speech protected under the First Amendment

3. As offensive material according to moral standards

4. As truthful speech related to public interest

The correct answer is: As offensive material according to moral standards

The correct definition of "obscenity" in relation to free speech is informed by the legal definition established in the landmark Supreme Court case Miller v. California. In this case, the Court held that obscenity is not protected under the First Amendment. The definition hinges on whether the material appeals to prurient interests, depicts sexual conduct in a patently offensive way, and lacks serious literary, artistic, political, or scientific value. Thus, option C properly characterizes obscenity as material that can be deemed offensive according to community moral standards. The focus on moral standards reflects the community-centric assessment that shapes legal tests for obscenity. In contrast, other choices fail to accurately represent the legal status of obscenity: legal expression is too broad, First Amendment protection does not apply to obscene material, and truthful speech related to public interest does not capture the essence of obscenity, which is specifically concerned with sexual content and community standards.