The Nightclub Monologue

A comedian gave a 55-minute stand-up act at a nightclub. The monologue mixed comment on religion, politics, race and other social issues with explicit sexual references, simulated masturbation, and crude remarks aimed at people in the audience. He was charged with giving an obscene performance. A jury convicted him. On appeal he argues that a performance that deals with topics of social importance is protected speech, even if parts of it are vulgar and offensive.