Questions and Answers
What is the Miller Test?
The Miller Test is the United States Supreme Court's test for determining whether speech or expression can be labeled obscene, which is not protected by the First Amendment.
What are the three parts of the Miller test?
- Average person, applying contemporary standards, finds the work appeals to prurient interests. 2. The work depicts or describes, in a patently offensive way, sexual conduct defined by state law. 3. The work lacks serious literary, artistic, political, or scientific value.
What was the Roth-Memoris test?
The Roth-Memoris test was the old test for obscenity used until 1973, which had three parts to determine if something was obscene.
What are the two types of pornography that receive no First Amendment protection?
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What was the Nitke V. Gonzalez case about?
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What is zoning?
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What is one way a community can control obscenity?
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What does US statute 427 U.S. 50 (1976) control?
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What are the three parts of statute 427 U.S. 50?
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Study Notes
Miller Test
- The Miller test, established by the U.S. Supreme Court, determines if speech can be classified as obscene, thus losing First Amendment protection.
- The test consists of three criteria assessing the work's appeal to prurient interests based on contemporary community standards.
Three Parts of the Miller Test
- Prurient Appeal: Consider if an average person would find the work appeals to sexual interest.
- Patently Offensive Conduct: Evaluate if the work depicts sexual conduct in a way violating state law.
- Lack of Value: Determine if the work has no serious literary, artistic, political, or scientific value.
Roth-Memoris Test
- Previously used test for obscenity until replaced by the Miller test in 1973; consisted of three components to assess obscenity.
Types of Pornography with No First Amendment Protection
- Obscenity: Material deemed obscene as per defined criteria.
- Child Pornography: Content involving minors, which is entirely unprotected under the First Amendment.
Nitke v. Gonzalez Case
- A significant legal case in the Southern District of New York concerning online obscene materials.
- The plaintiff challenged the constitutionality of the obscenity provisions within the Communications Decency Act.
Zoning Definition
- Governments can enact laws to control land use through zoning, aimed at managing how areas are utilized.
Community Control of Obscenity
- Communities can manage obscenity by implementing zoning laws, such as restricting nude dancing clubs and sexual content sales near sensitive locations like schools or churches.
U.S. Statute 427 U.S. 50 (1976)
- Established a legal framework for zoning laws regulating adult businesses and erotic material.
Three Parts of Statute 427 U.S. 50
- Business Accessibility: Communities cannot outright prevent or lessen the number of adult entertainment businesses under zoning.
- Substantial State Interest: Zoning ordinances must promote a significant state objective.
- Minimal Restriction: Regulations must be carefully tailored to minimize their impact on First Amendment rights.
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Description
Test your understanding of the Miller Test with these flashcards. Learn the definition and the three parts that determine whether speech is considered obscene under U.S. law. This quiz is essential for those studying constitutional law and First Amendment rights.
