Miller Test for Obscenity
My question involves civil rights in the State of: California
The second part of the Miller test for obscenity states:
``Whether the work depicts or describes, in a patently offensive way, sexual conduct specifically defined by applicable state law''
I do not understand what it means by `a patently offensive way'
Nutshell, I am doing some work with erotica and I want to make good faith attempts to make sure the content is not legally obscene.
Good faith is as much as I can do since the test is not precise.
But I can't even do good faith if I don't understand what a "patently offensive way" means. Are they any examples anyone can cite?
Thanks for any help.
Re: Miller Test for Obscenity
Start by reading this.
Basically, like art, the definition of obscenity often boils down to, "I don't know how to define it, but I know it when I see it." Also, given that appeal to prurient interest and whether something is patently offensive are judged by local community standards, you can get very different outcomes in different parts of the country (or different parts of the same state).