In Miller v. California, the Supreme Court ruled that expression is legally obscene only if it satisfies three elements. First, the material, taken as a whole, must appeal to the “prurient interest” (an excessive interest in sex). Second, it must depict sexual conduct in a patently offensive way as defined by law. And third, the material must lack any serious literary, artistic, political, or scientific value. It’s a demanding standard.
If a work fails to meet even one of these three elements, the First Amendment protects it.
God, I can't wait for them to hire someone with an art degree as an expert witness to testify on the artistic value of the image of Shrek jerking it
