You are hereThe definition of obscene

The definition of obscene


Human beings always try to measure anything and put it on a scale. Even for subjective feelings like "what is obscene and what not?" they try it. From the point of view of the United States courts, there exists a definition. The Miller Test.

United States Supreme Court's test for determining whether speech or expression can be labeled obscene, in which case it is not protected by the First Amendment to the United States Constitution and can be prohibited.

The Miller test was developed in the 1973 case Miller v. California.

It has three parts:

1. Whether the average person, applying contemporary community standards, would find that the work, taken as a whole, appeals to the prurient interest,

2. Whether the work depicts/describes, in a patently offensive way, sexual conduct or excretory functions [2] specifically defined by applicable state law,

3. Whether the work, taken as a whole, lacks serious literary and/or artistic, political, or scientific value.

but reading this, I believe that 99 percent of all blogs on the planet would trigger the Miller test and be 'obscene' by definition of law?

Ouch - thats a funny thought... ;-)