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.”
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http://dbkwik.webdatacommons.org | 10 |