For a long period, Supreme Court in Taiwan has adopted the "public order and moral" approach to refuse protection on obscene materials. Taiwan Intellectual Property Court, however, points out that in order to protection freedom of speech, obscene materials shall enjoy copyright. Base on the legal philosophy of Hegel, the purpose of right shall protect the holder of such while preventing excess interference of others' freedom. This article propose that even though freedom of speech is the foundation of copyright, situations that no copyright may still exist. This article further urges that unless the opinion of Supreme Court in Taiwan is changed, when dealing the question of whether obscenity shall enjoy protection under copyright, considering "public order and moral" as a tool in pursuing uniformity among regulations may reduce such conflicts.