Federal law makes "obscenity" illegal. However the statute does not define obscenity. The Supreme Court set the three prong "Miller Test" for juries to determine if a book, video, photograph, etc, is obscene. In essence a jury must watch a video from beginning to end and then determine if:
*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/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 and/or artistic, political, or scientific value.
Should the government make prosecution of adult material a top priority?
2007-03-11
15:11:55
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1 answers
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asked by
bartmcqueary
3