Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.
The First Amendment protects the right to freedom of speech from government oversight.
Although the First Amendment applies to most forms of expression, certain freedoms are restricted in school settings.
Redefined the court's definition of obscenity as lacking serious literary, artistic, political, or scientific value" Created the 'Miller test' as to how to judge a work's value.
Whether the work depicts or describes, in a patently offensive way, sexual conduct or excretory functions specifically defined by applicable state law,
Whether the work, taken as a whole, lacks serious literary, artistic, political, or scientific value.
Hazelwood v. Kuhlmeir
Schools have the right to censor student works in official sponsored events, or with regards to teaching materials.Board of Education v. Pico
Removing a book from a school library infringes upon the students' freedom of speech, even if that book is deemed 'obscene' by the school board.Miller v. California
Redefined the court's definition of obscenity as lacking serious literary, artistic, political, or scientific value" Created the 'Miller test' as to how to judge a work's value.
Miller Test
Whether "the average person, applying contemporary community standards", would find that the work, taken as a whole, appeals to the prurient interest,Whether the work depicts or describes, in a patently offensive way, sexual conduct or excretory functions specifically defined by applicable state law,
Whether the work, taken as a whole, lacks serious literary, artistic, political, or scientific value.
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