Miller Test

Definition

The Miller Test is a legal standard used in the United States to determine whether material is obscene and thus not protected by the First Amendment. Established in the 1973 Supreme Court case Miller v. California, this test evaluates whether the average person, applying contemporary community standards, would find that the work appeals to prurient interest, depicts sexual conduct in a patently offensive way, and lacks serious literary, artistic, political, or scientific value. This framework is crucial for understanding how laws regulate sexuality and the implications for pornography.

5 Must Know Facts For Your Next Test

1. The Miller Test replaced the previous standard from Roth v. United States, which focused primarily on whether material was 'utterly without redeeming social value.'
2. The test considers community standards, meaning what might be deemed obscene in one area may not be considered as such in another.
3. The criteria of the Miller Test are applied cumulatively; all three parts must be met for material to be classified as obscene.
4. The Miller Test has led to significant court cases involving pornography and has influenced how states enact laws regarding sexually explicit materials.
5. The definition of 'serious value' is often debated in courts and can vary widely based on differing cultural and societal norms.

Review Questions

• How does the Miller Test impact the regulation of sexually explicit materials in different communities?
  • The Miller Test impacts regulation by allowing local communities to define their own standards for what constitutes obscenity. Because the test requires consideration of contemporary community standards, material that may be deemed acceptable in one area could be ruled as obscene in another. This creates a patchwork of laws across the United States, where local jurisdictions have different thresholds for censorship and regulation of sexually explicit materials.
• Discuss the implications of the Miller Test on freedom of expression as protected by the First Amendment.
  • The Miller Test presents a complex interaction between freedom of expression and societal norms regarding obscenity. While the First Amendment protects free speech, including sexually explicit content, the Miller Test serves as a legal framework through which courts assess if such content crosses into obscenity. This means that while individuals may have the right to express themselves sexually through various mediums, that expression can still be limited if deemed obscene according to local standards, highlighting a tension between personal liberties and community morals.
• Evaluate how the establishment of the Miller Test has influenced societal views on pornography and its acceptance over time.
  • The establishment of the Miller Test has significantly influenced societal views on pornography by providing a structured legal basis for determining what is considered acceptable or unacceptable. As society evolves and norms shift, discussions around pornography have become more complex, with varying opinions on its artistic merit and societal impact. The test has allowed for ongoing legal debates regarding censorship versus free expression, prompting public discourse about sexuality that reflects changing attitudes toward sexual content. This evaluation reveals that while some materials may be classified as obscene under the test, broader acceptance and understanding of pornography's role in society continue to develop.

Related terms

Obscenity: Material that is considered offensive or inappropriate according to community standards and not protected by the First Amendment.

First Amendment: Part of the United States Constitution that protects freedoms concerning religion, expression, assembly, and the right to petition.

Prurient Interest: An excessive focus on sexual matters, often used in legal contexts to assess the obscene nature of material.