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Miller v. California, 413 U.S. 15 (1973), was a landmark decision of the U.S. Supreme Court clarifying the legal definition of obscenity as material that lacks "serious literary, artistic, political, or scientific value". [1]
The Miller test, also called the three-prong obscenity test, is the United States Supreme Court's test for determining whether speech or expression can be labeled obscene, in which case it is not protected by the First Amendment to the United States Constitution and can be prohibited.
This changed in 1973 with Miller v. California. The Miller case established what came to be known as the Miller test, which clearly articulated that three criteria must be met for a work to be legitimately subject to state regulations. The Court recognized the inherent risk in legislating what constitutes obscenity, and necessarily limited the ...
The letter mentions the U.S. Supreme Court's 1973 Miller v. California ruling that a person deciding whether speech is obscene must consider the following: ... this exceedingly narrow definition ...
Current laws that can be enforced after the fact are limited by the definition of "obscene" in the 1973 U.S. Supreme Court decision Miller v. California. The voluntary Motion Picture Association film rating system was adopted in 1968, functioning mostly to prevent children of various ages from seeing certain films at participating theaters.
California (1973) – the currently-binding Supreme Court precedent on the issue –, the Court ruled materials were obscene if they appealed "to a prurient interest", showed "patently offensive sexual conduct" that was specifically defined by a state obscenity law, and "lacked serious artistic, literary, political, or scientific value ...
In 1973, the Supreme Court established new standards for obscenity via the Miller v. California case that opened the door for more aggressive regulation of theatrically released porn films and ...
In the United States, distribution of "obscene, lewd, lascivious, or filthy" materials is a federal crime. [1] The determination of what is "obscene, lewd, lascivious, or filthy" is up to a jury in a trial, which must apply the Miller test; however, due to the prominence of pornography in most communities most pornographic materials are not considered "patently offensive" in the Miller test.