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Miller Test

The Miller Test is used in the United States to determine whether a work is considered pornographic.

Quoted from Wikipedia:


The Miller test was developed in the 1973 case Miller v. California.[2] It has three parts:

  • Whether “the average person, applying contemporary community standards”, would find that the work, taken as a whole, appeals to the prurient interest,
  • Whether the work depicts or describes, in a patently offensive way, sexual conduct or excretory functions[3] specifically defined by applicable state law,
  • Whether the work, taken as a whole, lacks serious literary, artistic, political, or scientific value.
  • The work is considered obscene only if all three conditions are satisfied.

    The first two prongs of the Miller test are held to the standards of the community, and the last prong is held to what is reasonable to a person of the United States as a whole. The national reasonable person standard of the third prong acts as a check on the community standard of the first two prongs, allowing protection for works that in a certain community might be considered obscene but on a national level might have redeeming value.

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