Miller Test
The Miller Test is a legal standard used in the United States to determine whether material is considered obscene and therefore not protected by the First Amendment. Established in the 1973 Supreme Court case Miller v. California, the test evaluates three criteria: whether the average person, applying contemporary community standards, would find the work appealing to prurient interest; whether it depicts sexual conduct in a patently offensive way; and whether it lacks serious literary, artistic, political, or scientific value.
This test aims to provide a clearer framework for courts when assessing obscenity. It emphasizes community standards, meaning that what is considered obscene can vary based on local values. The Miller Test has been influential in shaping laws regarding free speech and expression, balancing individual rights with societal norms.