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Rexburg City regulation on obscene conduct.
General title (not to exceed 200 words).
Obscenity is not protected under First Amendment rights to free speech, and conduct deemed to
be obscene under the law can be subject to local, state and federal regulation. The U.S. courts
use a three-pronged test, commonly referred to as the “Miller Test”, to determine if any conduct
is obscene. Obscenity is defined as anything that fits the criteria of the Miller test, which may
include, for example, visual depictions, spoken words, or written text. The purpose of this
measure is to give notice to any who reside or visit Rexburg that conduct that is found to be
“obscene” under the Miller Test is prohibited by Rexburg City code.
(109 words).