Which term describes a work that, taken as a whole, appeals to a prurient interest in sex, depicts sexual conduct in a patently offensive way, and lacks serious value?

Which term describes a work that, taken as a whole, appeals to a prurient interest in sex, depicts sexual conduct in a patently offensive way, and lacks serious value?

• A. Obscenity
• B. Libel
• C. Commercial Speech
• D. Fighting Words

Answer: (A)

Obscenity is the term that fits this description. In U.S. constitutional law, material is considered obscene when, taken as a whole, it would appeal to a prurient interest in sex, depicts sexual conduct in a patently offensive way, and lacks serious value (the Miller test). The description given matches all three parts: it targets a prurient interest, shows sexual content in a way that is offensively explicit, and has no serious artistic, literary, political, or scientific value. Because obscenity does not enjoy First Amendment protection, such material can be regulated or restricted. Libel refers to false statements that harm a person’s reputation. Commercial speech concerns advertising and has more protection than obscenity, though it can be regulated. Fighting words are words likely to provoke immediate violence.

Obscenity is the term that fits this description. In U.S. constitutional law, material is considered obscene when, taken as a whole, it would appeal to a prurient interest in sex, depicts sexual conduct in a patently offensive way, and lacks serious value (the Miller test). The description given matches all three parts: it targets a prurient interest, shows sexual content in a way that is offensively explicit, and has no serious artistic, literary, political, or scientific value. Because obscenity does not enjoy First Amendment protection, such material can be regulated or restricted.

Libel refers to false statements that harm a person’s reputation. Commercial speech concerns advertising and has more protection than obscenity, though it can be regulated. Fighting words are words likely to provoke immediate violence.