A report on Obscenity and Patently offensive

Cover of an undated American edition of Fanny Hill, c. 1910
The 18th century book Fanny Hill has been subject to obscenity trials at various times (image: plate XI: The bathing party; La baignade)

Patently offensive is a term used in United States law regarding obscenity under the First Amendment.

- Patently offensive

In Miller v. California (1973) - the currently-binding Supreme Court precedent on the issue - the Court ruled materials were obscene if they appealed, "to a prurient interest", showed "patently offensive sexual conduct" that was specifically defined by a state obscenity law, and "lacked serious artistic, literary, political, or scientific value." Decisions regarding whether material was obscene should be based on local, not national, standards.

- Obscenity
Cover of an undated American edition of Fanny Hill, c. 1910

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Miller test

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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.

Whether the work depicts or describes, in a patently offensive way, sexual conduct or excretory functions specifically defined by applicable state law,