Constitutional Law II
Under the Miller test, speech is obscenity and therefore unprotected if it:
- Appeals to the prurient interest of the average person in the community,
- Is patently offensive to the community as defined by statute, and
- Lacks serious literary, artistic, political, or scientific value.
This includes child pornography as long as it involves actual children and not just drawings of children.
- The purpose of the protection is to protect children from the harm in the creation of the pornography, and this is not implicated if it is drawn or computer-generated.