ELIZABETH AUSTIN: obscenity is NOT protected by the First Amendment.

#OverturnMiller and make porn illegal again. Contrary to popular myth, obscenity is NOT protected by the First Amendment. https://t.co/SAyxdFDRlq

— Elizabeth Austin (@lazarusatgate) June 21, 2026

From US Law Explained,  

Key Takeaways At-a-Glance:

The Miller Test Defined: Miller v. California established a three-prong test to determine if content is legally obscene and therefore unprotected by the first_amendment.

Community, Not Country: Miller v. California famously declared that two parts of its test must be judged by “contemporary community standards,” meaning what is considered obscene in rural Texas might be different from what is acceptable in New York City.

The SLAPS Safety Valve: Miller v. California created a critical protection for legitimate works by stating that material cannot be obscene if it has Serious,  Literary, Artistic, Political, or Scientific value (the “SLAPS” test)