04 Feb The Miller Test
Posted at 00:00h in misc, Uncategorized 0 Comments
According to Miller v. California, 413 U.S. 15 (1973) in order for material to be deemed legally obscene, a court must determine the following:
- Whether the average person, applying contemporary community standards, would find that the work, taken as a whole, appeals to the prurient interest,
- Whether the work depicts/describes, in a patently offensive way, sexual conduct or excretory functions specifically defined by applicable state law,
- Whether the work, taken as a whole, lacks serious literary and/or artistic, political, or scientific value.
This post is provided as a reference for other posts.