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What 3 things must be considered before the courts can determine if a work is obscene?
Wiki User
∙ 12y ago
The Supreme Court of the United States in Miller v. California defined the standards under which a work may be considered obscene. If the work fails to violate any of these provisions, the work shall not be considered obscene.
The average person, applying contemporary community standards, find, taken as a whole, that the work in question
- appeal to the prurient interest; (e.g. it has to be porn)
- that depict or describe, in a patently offensive way, sexual conduct specifically defined by applicable state law; (dirt for dirt's sake) and
- that, taken as a whole, lack serious literary, artistic, political, or scientific value.
Unless it hits these three things it's not obscene. The easiest way around this is to put some hot topical discussion into the film, like possibly a debate on abortion or the death penalty, thus it fails to "lack serious political value" and thus is not obscene.
Wiki User
∙ 12y ago
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