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 “Three-Pronged Test” for Obscenity EstablishedIn 1973, in the most important case on freedom of expression, Miller vs. California, the Court established the “three-pronged test” for obscenity, which still applies today. The case concerned bookseller Marvin Miller’s conviction under California obscenity laws for distributing illustrated books of a sexual nature.
(a) whether the average person, applying contemporary community standards, would find that the work, taken as a whole, appeals to the prurient interest
(b) whether the work depicts or describes, in a patently offensive way, sexual conduct specifically defined by the applicable state law
(c) whether the work, taken as a whole, lacks serious literary, artistic, political, or scientific value
The Court also determined that a jury may measure “the essentially factual issues of prurient appeal and patent offensiveness by the standard that prevails in the forum community, and need not employ a ‘national standard.'” This establishes a role for the community in making decisions about obscene material.
Obscenity is a narrow category describing materials that meet all three prongs of the definition above. Such material, even if some describe it as art, may be deemed obscene and banned by the state.
“Indecency” is a broader term encompassing material which does enjoy some measure of Constitutional protection, but may still be restricted. For instance, some might find violent images objectionable, even though they do not appeal to prurient interest and thus are not obscene under Miller.
No “three-pronged test” for indecency exists, and although the Court has considered cases involving the arts and proposed standards of decency, the issues of what such standards mean and how they are to be applied have not been resolved.
School Book Selection Covered by First Amendment In 1982, after years of appeals, the Supreme Court ruled, in Board of Education vs. Pico, that “local school boards may not remove books from school library shelves simply because they dislike the ideas contained in those books and seek by their removal to prescribe what shall be orthodox in politics, nationalism, religion or other matters of opinion.” Ordering the removal of books considered “anti-American, anti-Christian, anti-Semitic, and just plain filthy” from school libraries.
Audio files of the arguments for some of these cases may be available at the Oyez Project at Northwestern University.
Terms used below have the same definition as the Policy on Freedom of Speech and Expression, C11.0. These procedures shall apply to the RIT campus, at any RIT international location, at university sponsored events or programs off campus, and while students are studying abroad, unless otherwise stated
Our Mission and Transcendent Priorities
The DePauw University Mission is to develop leaders the world needs through an uncommon commitment to the liberal arts. Our mission rests on transcendent priorities that include:
- An unparalleled student experience that, in the spirit of the best liberal arts tradition, intentionally integrates students’ academic and co-curricular learning.
- A strong community of educators with a deep commitment to teaching, scholarship, creative expression and co-curricular learning.
- A campus culture in which every student, regardless of identity, background or financial circumstances, thrives at DePauw and has full opportunity to participate in all aspects of a DePauw education.
- Freedom of Expression for all members of our campus community. Freedom of Expression refers to the right to hold opinions without interference and includes the “freedom to seek, receive, and impart information and ideas of all kinds…orally, in writing, print, art or through any media. Also, verbal and nonverbal behaviors that express a person’s opinion, point of view or identity.” (International Standards on Freedom of Expression Universal Declaration of Human Rights Article 19)
Freedom of Expression and the Liberal Arts
Freedom of Expression refers to the right to hold opinions without interference and includes the “freedom to seek, receive, and impart information and ideas of all kinds…orally, in writing, print, art, or through any media. Also, verbal and nonverbal behaviors that express a person’s opinion, point of view or identity.” (International Standards on Freedom of Expression Universal Declaration of Human Rights Article 19)
Community Expectations and Responsibilities
Importance of Diversity, Equity and Inclusion to Freedom of Expression
Rights of Non-Disruptive Protest
Rights and Responsibilities of the University
Our commitment to freedom of expression does not mean the University must itself remain neutral to ideas or beliefs expressed.
The “Three-Pronged Test” for Obscenity EstablishedIn 1973, in the most important case on freedom of expression, Miller vs. California, the Court established the “three-pronged test” for obscenity, which still applies today. The case concerned bookseller Marvin Miller’s conviction under California obscenity laws for distributing illustrated books of a sexual nature.
(a) whether the average person, applying contemporary community standards, would find that the work, taken as a whole, appeals to the prurient interest
(b) whether the work depicts or describes, in a patently offensive way, sexual conduct specifically defined by the applicable state law
(c) whether the work, taken as a whole, lacks serious literary, artistic, political, or scientific value
Obscenity is a narrow category describing materials that meet all three prongs of the definition above.
Ordering the removal of books considered “anti-American, anti-Christian, anti-Semitic, and just plain filthy” from school libraries.
Audio files of the arguments for some of these cases may be available at the Oyez Project at Northwestern University.
Our Mission and Transcendent Priorities
The DePauw University Mission is to develop leaders the world needs through an uncommon commitment to the liberal arts. Our mission rests on transcendent priorities that include:
- An unparalleled student experience that, in the spirit of the best liberal arts tradition, intentionally integrates students’ academic and co-curricular learning.
- A strong community of educators with a deep commitment to teaching, scholarship, creative expression and co-curricular learning.
- A campus culture in which every student, regardless of identity, background or financial circumstances, thrives at DePauw and has full opportunity to participate in all aspects of a DePauw education.
- Freedom of Expression for all members of our campus community. Freedom of Expression refers to the right to hold opinions without interference and includes the “freedom to seek, receive, and impart information and ideas of all kinds…orally, in writing, print, art or through any media. (International Standards on Freedom of Expression Universal Declaration of Human Rights Article 19)
Freedom of Expression and the Liberal Arts (International Standards on Freedom of Expression Universal Declaration of Human Rights Article 19)
