Miller Test

Definition

The Miller Test is a legal standard used to determine whether certain material is considered obscene and therefore not protected by the First Amendment. Established in the 1973 Supreme Court case Miller v. California, this test includes three criteria: whether the average person, applying contemporary community standards, would find that the work appeals to the prurient interest; whether the work depicts or describes sexual conduct in a patently offensive way; and whether the work, taken as a whole, lacks serious literary, artistic, political, or scientific value.

5 Must Know Facts For Your Next Test

1. The Miller Test is a three-pronged approach that evaluates obscenity based on community standards rather than national ones.
2. It was established to provide clearer guidance for courts in determining what constitutes obscene material, which can lead to censorship or criminal charges.
3. The test has been criticized for being subjective since 'community standards' can vary widely across different regions.
4. The criteria set by the Miller Test have led to various court cases that have shaped how obscenity is interpreted in media and art.
5. Under the Miller Test, material can still be protected if it possesses any serious literary, artistic, political, or scientific value, regardless of its other characteristics.

Review Questions

• Explain how the Miller Test determines whether material is obscene and not protected by the First Amendment.
  • The Miller Test determines obscenity through a three-part analysis: first, it assesses whether the average person would find that the material appeals to prurient interests based on contemporary community standards. Second, it examines if the material depicts sexual conduct in a patently offensive manner. Finally, it evaluates whether the work lacks serious literary, artistic, political, or scientific value when considered as a whole. If all three criteria are met, the material may be classified as obscene and lose First Amendment protection.
• Discuss the implications of using community standards in the Miller Test for different regions in the United States.
  • The use of community standards in the Miller Test means that what is considered obscene can vary significantly across different regions in the United States. This subjectivity allows local values and beliefs to influence legal outcomes regarding obscenity. For example, material deemed acceptable in one community might be considered offensive in another. This can lead to inconsistencies in court rulings and challenges for artists and publishers who operate nationally but must navigate local obscenity laws.
• Evaluate how the Miller Test impacts freedom of expression in relation to artistic works and media content.
  • The Miller Test has a profound impact on freedom of expression by setting a legal threshold for what can be deemed obscene and thus unprotected under the First Amendment. While it aims to balance societal morals with individual rights, it can also result in censorship of artistic works that some may find offensive despite their potential value. Artists may self-censor or alter their content to avoid legal repercussions. The challenge remains to protect creative expression while respecting community standards without stifling discourse or artistic innovation.

Related terms

Obscenity:

Material that meets the legal definition of being offensive or indecent and lacks redeeming social value.

Prurient Interest: An excessive focus on sexual matters or nudity that appeals to lewd desires rather than any legitimate purpose.

First Amendment:

The constitutional amendment that protects freedoms concerning religion, expression, assembly, and the right to petition.