How did the Supreme Court defined obscenity in Miller v California?
Also know, how does the Supreme Court define obscenity?
Burger established a three-part test to define obscenity as material that appealed to prurient interest, portrayed sexual conduct "in a patently offensive way," and did not have "serious literary, artistic, political, or scientific value." Excerpts from Burger's opinion are found in the following selection.
Additionally, what is the obscenity test in Miller v US? 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.
Secondly, what is the primary reason for vagueness in the legal definition of obscenity as indicated by the Supreme Court in Miller v California?
Most justices considered obscenity as impossible to clearly define. The Court intended obscenity to be defined by each community's standards.
Does the Supreme Court regulate obscenity in a strict manner?
The Supreme Court, however, has held that the First Amendment does not protect two types of pornography: obscenity and child pornography. Pornography that is not obscene may not be banned, but may be regulated as to the time, place, and manner of its distribution, particularly in order to keep it from children.