About: "Miller" test

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The U.S. Supreme Court has created a three-part test, known as the "Miller" test, to determine whether a work is obscene. The "Miller" test asks: The Supreme Court has clarified that only “the first and second prongs of the "Miller" test — appeal to prurient interest and patent offensiveness — are issues of fact for the jury to determine applying contemporary community standards.” As for the third prong, “[t]he proper inquiry is not whether an ordinary member of any given community would find serious literary, artistic, political, or scientific value in allegedly obscene material, but whether a reasonable person would find such value in the material, taken as a whole.”

Attributes	Values
rdfs:label	"Miller" test
rdfs:comment	The U.S. Supreme Court has created a three-part test, known as the "Miller" test, to determine whether a work is obscene. The "Miller" test asks: The Supreme Court has clarified that only “the first and second prongs of the "Miller" test — appeal to prurient interest and patent offensiveness — are issues of fact for the jury to determine applying contemporary community standards.” As for the third prong, “[t]he proper inquiry is not whether an ordinary member of any given community would find serious literary, artistic, political, or scientific value in allegedly obscene material, but whether a reasonable person would find such value in the material, taken as a whole.”
dcterms:subject	Case-U.S.-Federal First Amendment Case Case-U.S.-First Amendment Case-U.S.-Obscenity Obscenity
dbkwik:itlaw/prope...iPageUsesTemplate	dbkwik:resource/UnDipahpDqhUBQHIT-NMRQ==
abstract	The U.S. Supreme Court has created a three-part test, known as the "Miller" test, to determine whether a work is obscene. The "Miller" test asks: The Supreme Court has clarified that only “the first and second prongs of the "Miller" test — appeal to prurient interest and patent offensiveness — are issues of fact for the jury to determine applying contemporary community standards.” As for the third prong, “[t]he proper inquiry is not whether an ordinary member of any given community would find serious literary, artistic, political, or scientific value in allegedly obscene material, but whether a reasonable person would find such value in the material, taken as a whole.” In Brockett v. Spokane Arcades, the Supreme Court held that material is not obscene if it “provoke[s] only normal, healthy sexual desires.” To be obscene it must appeal to “a shameful or morbid interest in nudity, sex, or excretion.” When a federal statute refers to “obscenity,” it should be understood to refer only to pornography that is obscene under the Miller standard, as application of the statute to other material would ordinarily be unconstitutional.

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