Miller test

Miller'' testpruriencetestdefinition of obscenityits new standardMillerMiller obscenity testMiller Ruleobscenethree prong obscenity test
The Miller test, also called the three-prong obscenity test, is the United States Supreme Court's test for determining whether speech or expression can be labeled obscene, in which case it is not protected by the First Amendment to the United States Constitution and can be prohibited.wikipedia
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Obscenity

obsceneobscenitiesindecent
The Miller test, also called the three-prong obscenity test, is the United States Supreme Court's test for determining whether speech or expression can be labeled obscene, in which case it is not protected by the First Amendment to the United States Constitution and can be prohibited.
In the United States, the 1973 ruling of the Supreme Court of the United States in Miller v. California established a three-tiered test to determine what was obscene—and thus not protected, versus what was merely erotic and thus protected by the First Amendment.

First Amendment to the United States Constitution

First AmendmentFirstU.S. Const. amend. I
The Miller test, also called the three-prong obscenity test, is the United States Supreme Court's test for determining whether speech or expression can be labeled obscene, in which case it is not protected by the First Amendment to the United States Constitution and can be prohibited.
Under the Miller test, a work is obscene if:

Patently offensive

The Roth standard was largely replaced by the Miller test established by Miller v. California (1973).

United States v. Extreme Associates, Inc.

United States v. Extreme AssociatesUnited States of America v. Extreme Associates
In United States of America v. Extreme Associates, a pornography distributor from North Hollywood, California, was judged to be held accountable to the community standards applying in western Pennsylvania, where the Third Circuit made its ruling, because the materials were available via Internet in that area.
It has been alleged the authorities chose this area of Pennsylvania because they believed a conviction for obscenity would be easier to achieve in that socially conservative district than in California, as a jury would be more likely to agree the material offended the standards of its local community, which is part of the Miller Test used to judge obscenity in the U.S. The trial has been seen as a test case of the acceptable limits of pornography.

Jack Thompson (activist)

Jack ThompsonJohn Bruce ThompsonJack Thompson (attorney)
While they were granted an injunction because law enforcement actions were an unconstitutional prior restraint on free speech, the court ruled that the album was in fact obscene.

Nitke v. Gonzales

The court concluded that insufficient evidence was presented to show there was substantial variation in community standards, as applied in the "Miller test", and to show how much protected speech would actually be impaired because of these differences.

United States v. Kilbride

obscenity on the internet
The United States Court of Appeals for the Ninth Circuit has ruled in United States v. Kilbride that a "national community standard" should be used for the Internet, but this has yet to be upheld at the national level.
This argument focuses on the District Court's implementation of the Miller Test for determining that the images distributed by Kilbride and Schaffer were obscene and therefore not protected as free speech.

I know it when I see it

Potter Stewart standardWe know it when we see itwrote
The Miller case established what came to be known as the Miller test, which clearly articulated that three criteria must be met for a work to be legitimately subject to state regulations.

Supreme Court of the United States

United States Supreme CourtU.S. Supreme CourtSupreme Court
The Miller test, also called the three-prong obscenity test, is the United States Supreme Court's test for determining whether speech or expression can be labeled obscene, in which case it is not protected by the First Amendment to the United States Constitution and can be prohibited.

Manhattan, Kansas

ManhattanManhattan, KSM'''anhattan
What offends the average person in Manhattan, Kansas, may differ from what offends the average person in Manhattan, New York.

Manhattan

Manhattan, New YorkManhattan, New York CityNew York
What offends the average person in Manhattan, Kansas, may differ from what offends the average person in Manhattan, New York.

Hicklin test

Regina v. HicklinR v Hicklinthe test adopted in the English case Regina v. Hicklin (1868)
Another important issue is that the Miller Test asks for an interpretation of what the "average" person finds offensive, rather than what the more sensitive persons in the community are offended by, as obscenity was defined by the previous test, the Hicklin test, stemming from the English precedent.

Sex organ

genitaliagenitalsgenital
In practice, pornography showing genitalia and sexual acts is not ipso facto obscene according to the Miller test.

Ipso facto

by that very factin itself
In practice, pornography showing genitalia and sexual acts is not ipso facto obscene according to the Miller test.

Provo, Utah

ProvoProvo, UTProvo Utah
For instance, in 2000, a jury in Provo, Utah, took only a few minutes to clear Larry Peterman, owner of a Movie Buffs video store, in Utah County, Utah.

Utah

UTState of UtahUtah, U.S.
For instance, in 2000, a jury in Provo, Utah, took only a few minutes to clear Larry Peterman, owner of a Movie Buffs video store, in Utah County, Utah.

Utah County, Utah

Utah CountyUtahCORE
For instance, in 2000, a jury in Provo, Utah, took only a few minutes to clear Larry Peterman, owner of a Movie Buffs video store, in Utah County, Utah.

Marriott Hotels & Resorts

Marriott HotelMarriottMarriott Hotels
However, researchers had shown that guests at the local Marriott Hotel were disproportionately large consumers of pay-per-view pornographic material, accessing far more material than the store was distributing.

Pay-per-view

pay per viewPPViPPV
However, researchers had shown that guests at the local Marriott Hotel were disproportionately large consumers of pay-per-view pornographic material, accessing far more material than the store was distributing.

Pornography

pornographicpornadult film industry
However, researchers had shown that guests at the local Marriott Hotel were disproportionately large consumers of pay-per-view pornographic material, accessing far more material than the store was distributing.

Work of art