Question

under the first prong of the miller test, the fact finder must detemine if the speech in question appeals to

Answer 1

In the first level of the Miller test, the fact finder must determine whether the speech in question is intended to constitute obscenity.

What is the Miller test?

The Miller Test (also known as the Three Prong Obscenity Test) is a United States Supreme Court test to determine whether language or expression is considered obscene. If so, they are not protected by the First Amendment to the U.S. Constitution and may be prohibited.

When did the Miller decision define obscenity?

Miller  v. California, 413 United States 15 (1973) was a breakthrough in changing the definition of obscenity from "no social remedy" to "devoid of serious literary, artistic, political, or scientific value." It was a U.S. Supreme Court decision.

Which statements is Miller's obscenity test?

The obscenity Miller test includes the following criteria: whether the ``average person using contemporary community standards'' would judge the work ``as a whole'' to appeal to ``amorous interests''; whether or not it specifically describes behavior.

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