OBSCENEobscene, adj. Extremely offensive under contemporary community standards of morality and decency; grossly repugnant to the generally accepted notions of what is appropriate. ? Under the Supreme Court’s three-part test, material is legally obscene ¡ª and therefore not protected under the First Amendment ¡ª if, taken as a whole, the material (1) appeals to the prurient interest in sex, as determined by the average person applying contemporary community standards; (2) portrays sexual conduct, as specifically defined by the applicable state law, in a patently offensive way; and (3) lacks serious literary, artistic, political, or scientific value. Miller v. California, 413 U.S. 15, 93 S.Ct. 2607 (1973). [Cases: Constitutional Law 82(10), 90.4; Obscenity
1. C.J.S. Constitutional Law ¡ì¡ì 464, 546, 631, 635¨C637, 639, 644, 646¨C648; Obscenity ¡ì¡ì 1¨C8.]
¡°If there be no abstract definition, … should not the word ¡®obscene¡¯ be allowed to indicate the present critical point in the compromise between candor and shame at which the community may have arrived here and now?¡± United States v. Kennerley, 209 F. 119, 121 (S.D.N.Y. 1913)(per Hand, J.).