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Since when has protected speech required being valuable? And who made you the pronouncer of said value?
by pdntspa 1y ago
Since when has protected speech required being valuable? And who made you the pronouncer of said value?
- gs17 1y ago> Since when has protected speech required being valuable? For this specific topic in the US, it's necessary. The third prong of the Miller Test is "Whether the work, taken as a whole, lacks serious literary, artistic, political, or scientific value."
- pdntspa 1y agoThe three-pronged Miller test is for examining if something is obscene, which is a considerably narrower criteria than whether or not a given piece of free speech is worthy of protection. Speech does not need to be 'valuable' to be worthy of protection, it needs to have a specific lack of value as determined by the Miller test to not be protected. Big difference.