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The most recent round of shitflinging about porn got me thinking about the Miller Test, and how it confuses the fuck out of me.
For those who don’t know, the Miller Test is a test used by the US’s Supreme court to determine if something is “obscene” and thus doesn’t fall under first amendment protections. In order for something to count as obscene, the answer to all three of the following questions must be “yes”:
>Whether "the average person, applying contemporary community standards", would find that the work, taken as a whole, appeals to the prurient interest
>Whether the work depicts or describes, in a patently offensive way, sexual conduct or excretory functions specifically defined by applicable state law,
>Whether the work, taken as a whole, lacks serious literary, artistic, political, or scientific value.
Tests one and three seem very arbitrary to me. How do you determine what “the average person, applying contemporary community standards” thinks, or whether a “work, taken as a whole, lacks serious literary, artistic, political, or scientific value”?
Beyond that, the very idea of “obscenity” as a legal concept seems like it runs counter to the first amendment, which is pretty clear that freedom speech and freedom of press aren’t things that can be limited. Is it because they’ve declared that it doesn’t count? Because if it is, then that kind of defeats the whole point of having free speech to begin with, doesn’t it?
Please, for the love of god, someone explain this shit to me.
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>>1878939Yankoids talk about secret police under socialism, while they are the most controlled people on the planet.
„Cointel pro is still active, just under another codename“
-M. Wesley Swearingen; FBI Secrets: An Agent’s Exposé P.105
>>1878929OP here, I think part of my confusion is that I don't quite know what the tests even mean to begin with. All of the literature I've found on the subject assume you instinctively 'get' them in the abstract, without ever providing concrete examples to clear up what things like
>the average person, applying contemporary community standards>the prurient interest>sexual conduct or excretory functionsand
>serious literary, artistic, political, or scientific valueTo clear up what those terms are understood to mean.
>>1878908You know how pseudolaw (sovereign citizen shit) is about using mental gymnastics to justify whatever conclusion you want?
Real, actual law is exactly the same, except the person doing it is sitting in a position of power.