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Cons The Constitution was created to protect our civil liberties as a people. Our civil liberties and safety at times come hand in hand. It violates the constitution if people¡¦s rights are violated in the pursuit of ¡§freedom¡¨. Obscenity is not legally protected by the first amendment, there are those that think it should be according to the ¡§freedom of expression¡¨ clause in the constitution- but it is not. After numerous conflicted issues the Supreme Court finally came up with a test in Miller vs. California, in 1973. ¡§It decided that a book, film or piece of material is legally obscene if 1) The average person applying present day standards finds that the work taken as a whole appeals to prurient interest- that is, tends to excite unwholesome sexual desire. 2) The work depicts or describes in an obviously offensive way, a form of sexual conduct specifically prohibited by an anti obscenity law. 3) The work taken as a whole lacks serious literary, artistic, political, or scientific value.¡¨ Offensive speech can be controversial, so the clause ¡§present day standards¡¨ was put in, to judge more accurately how obscene the situation potentially is. Local communities are allowed, by