Patently offensive

Patently offensive is a term used in United States law regarding obscenity and the First Amendment.

The phrase "patently offensive" first appeared in Roth v. United States, referring to any obscene acts or materials that are considered to be openly, plainly, or clearly visible as offensive to the viewing public. The Roth standard outlined what is to be considered obscene and thus not under First Amendment protection. The Roth standard was largely replaced by the Miller test established by Miller v. California (1973).

According to the "Roth Standard" a work is obscene if:

The Miller test was developed in the 1973 case Miller v. California. It has three parts:

Chief Justice Warren E. Burger, writing for the majority, included the following definitions of what may be "patently offensive":

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