Miller Test

Definition

The Miller Test is a three-part legal standard established by the U.S. Supreme Court in 1973 to determine whether material is considered obscene and therefore not protected by the First Amendment. This test assesses whether an average person would find that the work, taken as a whole, appeals to prurient interests, whether it depicts sexual conduct in a patently offensive way, and whether it lacks serious literary, artistic, political, or scientific value. The Miller Test plays a crucial role in balancing free expression against community standards regarding decency.

5 Must Know Facts For Your Next Test

1. The Miller Test arose from the Supreme Court case Miller v. California, which aimed to clarify how obscenity should be evaluated under the law.
2. The first prong of the Miller Test focuses on whether an average person would consider the work as appealing primarily to sexual interests.
3. The second prong requires examining whether the work portrays sexual conduct in a way that is patently offensive according to state law.
4. The third prong of the test determines if the work has serious value in literature, art, politics, or science, which can exempt it from being labeled as obscene.
5. The Miller Test emphasizes local community standards, meaning what is considered obscene can vary widely from one jurisdiction to another.

Review Questions

• How does the Miller Test differentiate between protected speech and obscene material?
  • The Miller Test differentiates between protected speech and obscene material through its three prongs. The first prong assesses whether the work appeals to prurient interests based on average community standards. The second prong looks at whether the material depicts sexual conduct in a patently offensive manner. Lastly, the third prong evaluates whether the work possesses serious literary, artistic, political, or scientific value. If any of these criteria are not met, the material may be deemed obscene and thus unprotected by the First Amendment.
• Discuss how community standards impact the application of the Miller Test across different jurisdictions.
  • Community standards play a crucial role in the application of the Miller Test because they can significantly influence what is deemed obscene in various jurisdictions. Since the first two prongs rely on the perceptions of an average person within a community, what may be acceptable in one area could be offensive in another. This variability means that legal battles over obscenity can differ greatly from one location to another, leading to inconsistencies in how free expression is protected or restricted across the country.
• Evaluate the implications of the Miller Test on freedom of expression and censorship in contemporary society.
  • The implications of the Miller Test on freedom of expression and censorship are profound in contemporary society. While it aims to protect artistic and political expressions from being categorized as obscene, it simultaneously sets a framework that can lead to censorship based on subjective community standards. This creates tension between upholding free speech rights and addressing concerns about obscenity. As cultural norms evolve and clash with legal interpretations, debates continue over where to draw the line between permissible expression and harmful material, highlighting ongoing challenges in balancing these interests.

Related terms

Obscenity: A category of unprotected speech that is deemed offensive or disgusting by prevailing community standards and lacks serious value.

First Amendment:

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

Community Standards: The prevailing attitudes and norms within a specific community that help determine what is considered acceptable or offensive material.