Obscenity definitions: community standards and lack of serious value determine unprotected material under the Miller test. Obscenity is assessed by whether material tends to deprave and corrupt likely recipients and, under a three part test, is obscene if it appeals to the prurient interest by community standards, portrays sexual conduct in a patently offensive way as defined by law, and lacks serious literary, artistic, political, or scientific value. Dictionary definitions stress indecency, lewdness and repulsiveness, and case law supports treating 'obscene' in its ordinary sense as offensive to modesty.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Obscenity definitions: community standards and lack of serious value determine unprotected material under the Miller test.
Obscenity is assessed by whether material tends to deprave and corrupt likely recipients and, under a three part test, is obscene if it appeals to the prurient interest by community standards, portrays sexual conduct in a patently offensive way as defined by law, and lacks serious literary, artistic, political, or scientific value. Dictionary definitions stress indecency, lewdness and repulsiveness, and case law supports treating "obscene" in its ordinary sense as offensive to modesty.
Full Summary is available for active users!
Note: It is a system-generated summary and is for quick reference only.