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| CATEGORIES ABOUT MILLER TEST | |
| first amendment to the u.s. constitution | |
| obscenity law | |
| pornography law | |
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The Miller test was developed in the 1973 case '' Miller V. California ''. It has three parts:
The third condition is also known as the ''SLAPS test''. The work is considered obscene only if all three conditions are satisfied. For legal scholars, several issues are important. One is that the test allows for community standards rather than a national standard. What offends the average person in Tulsa, Oklahoma may differ from what offends the average person in San Francisco . The relevant community, however, is not defined. Another important issue is that Miller 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. Because it allows for community standards and demands "serious" value, some worried that this test would make it easier to suppress speech and expression. They pointed out that it replaced a stricter test asking whether the speech or expression was "utterly without redeeming social value"--a much tougher standard than "serious" value. As used, however, the test generally makes it difficult to outlaw any form of expression. Even Pornography , with the exception of Child Pornography , is argued to have some artistic or literary value. Some critics of obscenity law argue that the existence of Miller proves that federal obscenity laws are in fact not defined, and thus unenforceable and legally dubious. {Link without Title} {Link without Title} In practice, pornography showing genitalia and sexual acts is not normally obscene according to the Miller test. For instance, in 2000 a jury took only a few minutes to clear Larry Peterman, ''Movie Buffs'' video store owner in Provo, Utah , which had often boasted of being one of the most conservative counties in the US. Researchers had shown that guests at the local Marriott Hotel were disproportionately large consumers of Pay-per-view Pornographic material, obtaining far more material that way than the store was distributing {Link without Title} {Link without Title} . The advent of the in one place can be read by a person residing anywhere else where there is a computer with internet access, there is a question as to which jurisdiction should apply. The pending case '' United States Of America V. Extreme Associates '' includes some content delivered purely over the Internet and may clarify the situation. This case includes a video called ''Forced Entry'', which includes depictions of Rape , Murder , suffocation, beatings and urination in sexual contexts. Each of the components when considered alone, is not uncommon in sexual fantasy (murder probably being the least common) and, except for murder, feature routinely in sexual activities of varying proportions of the US population. SEE ALSO |
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