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1. This contains Miller v. California, which distinguished between obscenity and non-obscene elements. In addition to the Miller test, the Supreme Court has articulated a more general test to verify if something is obscene. Chief Justice Warren Burger wrote that "the main great implication is that distinctive communities can articulate diverse group criteria in obscenity cases. "In the case of pornography, a three-part test was employed to assess whether it was obscene. First, the work needs to be patently offensive to the average person. Second, the work must lack severe literary or creative value. Third, the work must never have a substantial political or social impact. Although the first two parts of the Miller test were commonly permitted, the third a part of the test was never as clear cut as it is today. Judges used their very own projections and latest emotions to decide whether a piece of material was obscene.
12.04.2023

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