Patently Offensive.

The term "patently offensive" is often used in the context of obscenity laws and the regulation of sexually explicit or offensive material. It refers to material that is clearly and obviously offensive or objectionable according to contemporary community standards.

In the United States, the Supreme Court has established a three-pronged test, known as the Miller test, to determine whether material is obscene and not protected by the First Amendment's guarantee of free speech. One of the prongs of the Miller test is that the material, taken as a whole, must lack serious literary, artistic, political, or scientific value, and must be patently offensive. This means that the material must be considered offensive by a reasonable person applying contemporary community standards.

The determination of whether material is patently offensive is subjective and can vary based on specific circumstances and community standards. Courts consider factors such as the explicitness of the material, its artistic or educational value, the context in which it is presented, and societal norms when making this determination.

It's important to note that obscenity laws and the interpretation of what is considered patently offensive can vary between jurisdictions, and different countries may have different standards when it comes to regulating offensive or explicit material. The specifics of obscenity laws and their application should be considered within the relevant legal framework.

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Advocate Daxter Aujla.