What is the Miller test? Is it clear-cut?

What will be an ideal response?


In Miller v. California 413 U.S. 14 (1973) the U.S. Supreme Court established a three-pronged test (known as the Miller test) for obscenity prohibitions related to media broadcasts which would violate the First Amendment:

(a) whether the average person, applying contemporary community standards, would find that the work, taken as a whole, appeals to the prurient interest (arousing lustful feelings);
(b) whether the work depicts or describes, in a patently offensive way, sexual conduct specifically defined by the applicable state law; and
(c) whether the work, taken as a whole, lacks serious literary, artistic, political or scientific value.

Of course, this involves a lot of interpreting the meaning of "average person" and "community standards" which can change from neighborhood community to state to region and so on, leaving much interpretation to the courts on a case-by-case basis.

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