digplanet beta 1: Athena
Share digplanet:

Agriculture

Applied sciences

Arts

Belief

Business

Chronology

Culture

Education

Environment

Geography

Health

History

Humanities

Language

Law

Life

Mathematics

Nature

People

Politics

Science

Society

Technology

For the algorithm in computer science, see Miller-Rabin primality test.

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.[1]

History and details[edit]

The Miller test was developed in the 1973 case Miller v. California.[2] It has three parts:

The work is considered obscene only if all three conditions are satisfied.

The first two prongs of the Miller test are held to the standards of the community, and the last prong is held to what is reasonable to a person of the United States as a whole. The national reasonable person standard of the third prong acts as a check on the community standard of the first two prongs, allowing protection for works that in a certain community might be considered obscene but on a national level might have redeeming value.

For legal scholars, several issues are important. One is that the test allows for community standards rather than a national standard. What offends the average person in Manhattan, Kansas, may differ from what offends the average person in Manhattan, New York.[4] The relevant community, however, is not defined.

Another important issue is that Miller asks for an interpretation of what the "average" person finds offensive, rather than what the more sensitive persons in the community are offended by, as obscenity was defined by the previous test, the Hicklin test, stemming from the English precedent.

In practice, pornography showing genitalia and sexual acts is not ipso facto obscene according to the Miller test. For instance, in 2000 a jury in Provo, Utah, took only a few minutes to clear Larry Peterman, owner of a Movie Buffs video store, in Utah County, Utah, a region which had often boasted of being one of the most conservative areas in the United States. Researchers had shown that guests at the local Marriott Hotel were disproportionately large consumers of pay-per-view pornographic material, accessing far more material than the store was distributing.[5]

Criticism[edit]

Less strict standard may lead to greater censorship[edit]

Because it allows for community standards and demands "serious" value, Justice Douglas worried in his dissent that this test would make it easier to suppress speech and expression. Miller replaced a previous test asking whether the speech or expression was "utterly without redeeming social value".[6] As used, however, the test generally makes it difficult to outlaw any form of expression. Many works decried as pornographic have been successfully argued to have some artistic or literary value, most publicly in the context of the National Endowment for the Arts in the 1990s.[7]

Problem of definition[edit]

Critics of obscenity law argue that defining what is obscene is paradoxical, arbitrary, and subjective. They state that lack of definition of obscenity in the statutes, coupled with the existence of hypothetical entities and standards as ultimate arbiters within the Miller test (hypothetical "reasonable persons" and "contemporary community standards") proves that federal obscenity laws are in fact not defined, do not satisfy the vagueness doctrine, and thus are unenforceable and legally dubious.[8]

Problem of jurisdiction in the internet age[edit]

The advent of the Internet has made the "community standards" part of the test even more difficult to judge; as material published on a web server in one place can be read by a person residing anywhere else, there is a question as to which jurisdiction should apply. In United States of America v. Extreme Associates, a pornography distributor from North Hollywood, California, was judged to be held accountable to the community standards applying in western Pennsylvania, where the Third Circuit made its ruling, because the materials were available via Internet in that area. The United States Court of Appeals for the Ninth Circuit has ruled in United States v. Kilbride that a "national community standard" should be used for the internet, but this has yet to be upheld at the national level.

References[edit]

  1. ^ "Three Prong Obscenity Test", Professionalism in Computing (Virginia Tech), retrieved June 28, 2010 
  2. ^ Text of the decision and dissents, from findlaw.com
  3. ^ This is also known as the (S)LAPS test- [Serious] Literary, Artistic, Political, Scientific.
  4. ^ Godwin, Mike (October 2001). "Standards Issue – The Supreme Court, "community standards," and the Internet". Reason Foundation. Retrieved 11 October 2012. 
  5. ^ Egan, Timothy; Gary Ruskin (24 October 2000). "Wall Street Meets Pornography". 
  6. ^ Roth v. United States, 1957.
  7. ^ "Public Funding of Controversial Art". The First Amendment Center. February 1996. Retrieved 2011-11-16. 
  8. ^ "There is no Such Thing as Obscenity". The Ethical Spectacle. February 1996. 

See also[edit]


Original courtesy of Wikipedia: http://en.wikipedia.org/wiki/Miller_test — Please support Wikipedia.
This page uses Creative Commons Licensed content from Wikipedia. A portion of the proceeds from advertising on Digplanet goes to supporting Wikipedia.
1000000 videos foundNext > 

Miller Test

A Brief discussion of the Miller Test.

Martin Miller 'A Test In Time' (feat. EZmix 2 and EZdrummer 2)

Download this jam track package FREE for limited time: http://jamtrackcentral.com/store/jamtracks/martin-miller-a-test-in-time/ Get the Toontrack gear here -...

Miller test

Giveing a quick review of my new miller spectrum 375 plasma cutter.

Bud Light Vs. Miller Lite Vs. Coors Light - Blind Taste Test

BBA T-SHIRTS ARE FOR SALE: http://www.betterbeerauthority.com/p/better-beer-authority-t-shirts_11.html Do you like Bud Light, Miller Lite or Coors Light the ...

MAT Study Guide - Free Miller Analogies Test

http://www.matsecrets.com Relying on the right study materials is absolutely essential for success on the MAT test. What you see in the video is only a tiny ...

Blooper Reel : "Cheap" Joe Miller Test Studio

http://www.cheapjoes.com -- Welcome to Cheap Joe's Test Studios (Blooper Reel). We hope you enjoy seeing Cheap Joe Miller have a little fun while trying to b...

Bōdo Barcelona - Baby Miller test

Test Baby Miller con un Mini Cooper. www.bodoboardshop.es.

Kerri Miller test drives the Isuzu KB 250d DCab

Kerri Miller, one of our first Reeds Test Drive Pilots, getting ready to rock the Isuzu KB 250d D/Cab. more to follow.......

Miller Bros. Blades Model M-8 NEW Test footage ( knife review / Destruction test )

Miller Bros. Blades M-8 going up against 600lb and 1/4in plate steel. Please visit our website for full product specs, and availability. millerbrosblades.com.

Miller vs Budweiser vs Coors: Taste Test

The Big Three taste test! Miller Genuine Draft Budweiser original Coors original The only version of Coors original available in Canada is the canned version...

1000000 videos foundNext > 

2 news items

Den Of Geek

Den Of Geek
Mon, 28 Jul 2014 23:11:22 -0700

Tim Miller's test footage for Deadpool, starring Ryan Reynolds, has appeared online. At least for now... Somewhat inevitably, this may not stay online for long, but test footage for the long-mooted Deadpool movie has popped up on the internet. This is ...

Viral Global News

Viral Global News
Thu, 07 Aug 2014 16:04:18 -0700

270 million people think her work has artistic merit, and for that reason alone, her performance fails the Miller test miserably. The work might be “not your cup of tea” but that does not make it obscene and it should not be censored. Miley Cyrus and ...
Loading

Oops, we seem to be having trouble contacting Twitter

Talk About Miller test

You can talk about Miller test with people all over the world in our discussions.

Support Wikipedia

A portion of the proceeds from advertising on Digplanet goes to supporting Wikipedia. Please add your support for Wikipedia!