Which freedom is NOT protected under the First Amendment?

The First Amendment of the United States Constitution protects several fundamental freedoms, specifically freedom of speech, freedom of religion, freedom of the press, assembly, and the right to petition the government. However, the protection of free speech is not absolute; there are categories of speech that are not protected under the First Amendment, and obscene speech is one of those categories.

Obscene speech is defined by the Miller test established in the Supreme Court case Miller v. California (1973), which stipulates that for material to be considered obscene, it must meet certain criteria concerning community standards, portray sexual conduct in a patently offensive way, and lack serious literary, artistic, political, or scientific value. As a result, obscene speech does not have the same level of protection as other forms of expression.

In contrast, the freedoms of speech, religion, and the press are firmly protected by the First Amendment, allowing individuals to express opinions freely, practice their faith, and publish information without undue government interference. The distinction between protected speech and obscene speech is crucial for understanding First Amendment rights and the limitations that exist within those rights.