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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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