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Miller test - Wikipedia, the free encyclopedia The Miller test is the 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. Another important issue is that Miller asks for an interpretation of what the "average" person finds offensive, rather than what the more sensitive persons in the community are offended by, as obscenity was defined by the previous test, the Hicklin test, stemming from the English precedent. en.wikipedia.org /wiki/Miller_Test   (578 words)

Wikipedia: Obscenity The United States has constitutional protection for freedom of speech, which was not designed to protect every utterance, and the Supreme Court has ruled that this protection does not extend to obscenity as currently defined by the Miller test. Hicklin test: the effect of isolated passages upon the most susceptible persons. Roth-Memoirs Test: a) the dominant theme of the material taken as a whole appeals to a prurient interest in sex; (b) the material is patently offensive because it affronts contemporary community standards relating to the description or representation of sexual matters; and (c) the material is utterly without redeeming social value. www.factbook.org /wikipedia/en/o/ob/obscenity.html   (597 words)

The Virginia Advocate Hicklin (1868) set forth a test which dictated that material that could corrupt a mind with its immoral influence was subject to banning or censorship. However, the problem, as some saw it, was that the Hicklin test went too far, and had the affect of both reducing the quality of material available to mature individuals and impinging upon First Amendment guarantees. This test stated that material judged using community standards and viewed to have a theme that "appeals to prurient interests," was not subject to First Amendment protections. www.student.virginia.edu /~vaad/v25n02/courts.html   (626 words)

Chapter VI Hicklin (1868),L.R. [T]he test of obscenity is...whether the tendency of the matter charged as obscenity is to deprave and corrupt those whose minds are open to such immoral influences, and into whose hands a publication of this sort may fall. With both these tests being applied to the same material and apparently independently, we do not know whether the community found the material to be intolerable because it was degrading or dehumanizing, because it offended against morals or on some other basis. It has been argued that the community standards test applicable to the law of obscenity arises from its definition based upon the requirement of undueness, and that since no similar notion has found its way into the definition of child pornography, community standards of tolerance should be irrelevant in that context.... www.yorku.ca /jcameron/chapter_vi.htm   (17178 words)

Supreme Court of Canada - Decisions - Towne Cinema Theatres Ltd. v. The Queen To determine "undueness" one of the tests to be applied is whether the accepted standards of tolerance in the contemporary Canadian community, taken as a whole, have been exceeded. Hicklin (1868), L.R. In Canada, the notion of "community standards", as relevant to the determination of obscenity, has its origins in the judgment of Judson J. (speaking also for Abbott and Martland JJ.) in Brodie v. The test is not based on the level of tolerance of the judge or the jury. scc.lexum.umontreal.ca /en/1985/1985rcs1-494/1985rcs1-494.html   (9236 words)

Supreme Court of Canada - Decisions - Hawkshaw v. The Queen The majority was also of the view that the test for obscenity to be applied in cases under s. The Chief Justice expressed the view that where the Criminal Code had provided the definitive test of obscenity which displaced the common law Hicklin test, then in the interests of consistency that test should be applied in all cases of obscenity. It is reasonable for a Court to apply the statutory standard, prescribed by Parliament as a definition of an offence of a generic character, when it is called upon to determine, in allied provisions of the Criminal Code, the sense in which the expression of some offence, made punishable in other circumstances, should be taken. scc.lexum.umontreal.ca /en/1986/1986rcs1-668/1986rcs1-668.html   (2880 words)

Miller Test Information Page - miller-analogies-test The Miller test is the United States Supreme Court's test miller analogies test scores for determining whether register for miller analogies test 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. Another important miller analogy test issue is that Miller asks for an interpretation miller ananalogies test of what the "average" person finds offensive, rather than what the more sensitive persons in the community are offended by, as obscenity miller anaolgies test was defined by the previous test, the Hicklin test, stemming from the English precedent. Each of the components sample of the miller analogies test when considered alone, is not uncommon practice miller analogies test in sexual fantasy (murder probably being the least common) and, except for murder, feature routinely in sexual activities of varying proportions of the US population. www.infotechloco.com /Miller-Test.htm   (656 words)

Electric drive transmission test stand introduced - Hicklin Engineering's EDECT 2000 Diesel Progress North American ...   (Site not responding. Last check: 2007-10-10) Hicklin has been a manufacturer of heavy-duty transmission stands since the company was founded in 1974. The test stands are sold throughout the service and rebuild markets and are used by transmission rebuilders, a variety of fleets, especially transit authorities, as well as the military. Hicklin said the direct electric drive eliminates a 25 percent efficiency loss in nonelectric units. www.findarticles.com /p/articles/mi_m0FZX/is_7_65/ai_55438461   (441 words)

Obscenity and Indecency Accompanying that view was the recognition that some sort of standard or test must be developed for evaluating material, that could be easily applied in a number of different situations had to be developed. One of the earliest tests was the Hicklin rule, derived from Regina v. The Hicklin test, said the Court, judging obscenity by the effect of isolated passages upon the most susceptible person, “might well encompass material legitimately treating with sex,” and accordingly must be rejected as an overbroad restriction on the freedoms of speech and press. www.csulb.edu /~crsmith/41obsn.html   (7676 words)

Roth v. United States - Wikipedia, the free encyclopedia California, was a landmark case before the United States Supreme Court which redefined the Constitutional test for determining what constitutes obscene material unprotected by the First Amendment. California (1973), a five-person majority agreed for the first time since Roth as to a test for determining constitutionally unprotected obscenity, superseding the Roth test. By the time Miller was considered in 1973, Brennan had abandoned the Roth test and argued that all obscenity was constitutionally protected, unless distributed to minors or unwilling third-parties. en.wikipedia.org /wiki/Roth_v._United_States   (570 words)

[No title] Hicklin issued a test of "whether the tendency of the matter charged as obscenity is to deprave and corrupt those whose minds are open to such immoral influences and into whose hands a publication of this sort may fall." b) Three parts of the Hicklin test made it very difficult to overcome. Second, the test did not require that the material be viewed as a whole, but rather any one section could discount the entire work. 2) The Roth test was a significant departure from the Hicklin test. www.msu.edu /~willisj5/revieob.wpd   (968 words)

98 Wn.2d 121, LABORERS LOCAL 374 v. FELTON CONSTR. The HICKLIN Court also stated the discrimination must "bear a substantial relationship", HICKLIN, at 527, and must be "closely tailored", HICKLIN, at 528, to the particular evil nonresidents present. We assume arguendo the legitimacy of the purpose of RCW 39.16.005 for purposes of analyzing the statute under the TOOMER/ HICKLIN test. The "Alaska Hire" law in HICKLIN created an employment preference favoring Alaska residents for "all employment which is a result of oil and gas leases" and other legal arrangements to which the State of Alaska was lessor. www.mrsc.org /mc/courts/supreme/098wn2d/098wn2d0121.htm   (5222 words)

Stetson Law -- Student Paper: Obscenity and Community Standards on the Internet   (Site not responding. Last check: 2007-10-10) Hicklin [52] was one of the first cases in which a court tried to define obscenity. Carrying the test to its logical end, any pornographer could, literally, redeem his otherwise obscene work by, for instance, having his characters quote Shakespeare as they performed acts appealing to a prurient interest. [102] The Memoirs test had opened the door too wide, placing an almost impossible burden on prosecutors [103] to show a work was “utterly without redeeming social value.” [104] As a result, Burger wrote, even the author of the Memoirs test had abandoned it. www.law.stetson.edu /courses/dmiller.htm   (9281 words)

06/24/57 ROTH v Hicklin, [1868] L. *fn24 Some American courts adopted this standard *fn25 but later decisions have rejected it and substituted this test: whether to the average person, applying contemporary community standards, the dominant theme of the material taken as a whole appeals to prurient interest. *fn26 The Hicklin test, judging obscenity by the effect of isolated passages upon the most susceptible persons, might well encompass material legitimately treating with sex, and so it must be rejected as unconstitutionally restrictive of the freedoms of speech and press. The test is not whether it would arouse sexual desires or sexual impure thoughts in those comprising a particular segment of the community, the young, the immature or the highly prudish or would leave another segment, the scientific or highly educated or the so-called worldly-wise and sophisticated indifferent and unmoved. www.cjcentral.com /lawbook/roth.htm   (9234 words)

Prurient   (Site not responding. Last check: 2007-10-10) The Hicklin standard defined material as obscene if it tended "to deprave or corrupt those whose minds are open to such immoral influences, and into whose hands a publication of this sort may fall." Thus, the standards of the most sensitive members of the community were the standards for obscenity. Instead, the Roth test for obscenity was "whether to the average person, applying contemporary community standards, the dominant theme of the material, taken as a whole, appeals to the prurient interest." The Roth test was expanded when the Court decided Miller v. Under the Miller test, a work is obscene if it would be found appealing to the prurient interest by an average person applying contemporary community standards, depicts sexual conduct in a patently offensive way and has no serious literary, artistic, political or scientific value. www.jahsonic.com /Prurient.html   (1104 words)

OLR Dominant Theme This test focused on the "dominant effect" or "dominant note" of the material as a whole. The test set forth in Roth is "Whether to the average person, applying contemporary community standards, the dominant theme of the material taken as a whole appeals to prurient interest." In the Fanny Hill case, (A Book Named "John Cleland's Memoirs of a Woman of Pleasure" v. The Memoirs three-prong test required that (1) the dominant theme of the material taken as a whole appeals to a prurient interest in sex; (2) the material is patently offensive because it affronts contemporary community standards relating to the description or representation of sexual matters; and (3) the material is utterly without redeeming social value. www.moralityinmedia.org /testing/nolc/olrChapters/dominantTheme.htm   (643 words)

Subject: Justice Brennan + Obscenity (a brief history lesson) Summary: The Roth, Memoirs a A brief history lesson in the modern Supreme Court, Justice William J. Brennan (appointed by Eisenhower in 1956) and obscenity: The "Miller" test got its start in 1957 in the Supreme Court decision in the combined cases of Roth V. and Alberts v. The decision was written by Justice Brennan, and included the codification of what became known as the Roth test:...whether to the average person, applying contemporary community standards, the dominant theme of the material taken as a whole appeals to prurient interest. Hicklin, 1868] which judged obscenity by the effect of isolates passages (rather than the material as a whole) upon the most susceptible persons into whose hands the material might fall (rather than the average person). www.skepticfiles.org /atheist/obscened.htm   (1446 words)

The Kubrick Site: Janet Staiger - The Cultural Productions of A Clockwork Orange Hicklin (1868), on obscenity on the basis of a test whether there existed in the materials "the tendency to corrupt the minds and morals of those into whose hands it might come." (p. If the conclusion of the "Hicklin Test" was positive, then one could infer that the author's intentions had been obscene, and the author would be judged guilty. In this test, the work is judged as a whole, and the United States as a whole is the community doing the judging. www.visual-memory.co.uk /amk/doc/0111.html   (6770 words)

Prentice Hall Documents Library: Roth v. United States (1957) Hicklin, (1868) L.R. 360.24 Some American courts adopted this standard25 but later decisions have rejected it and substituted this test: whether to the average person, applying contemporary community standards, the dominant theme of the material taken as a whole appeals to prurient interest. The Hicklin test, judging obscenity by the effect of isolated passages upon the most susceptible persons, might well encompass material legitimately treating with sex, and so it must be rejected as unconstitutionally restrictive of the freedoms of speech and press. '* * * The test is not whether it would arouse sexual desires or sexual impure thoughts in those comprising a particular segment of the community, the young, the immature or the highly prudish or would leave another segment, the scientific or highly educated or the so-called worldly-wise and sophisticated indifferent and unmoved. cwx.prenhall.com /bookbind/pubbooks/dye4/medialib/docs/roth.htm   (6693 words)

Eastern Book Company — Practical Lawyer   (Site not responding. Last check: 2007-10-10) The Hicklin test was based upon the effect of a publication on the most vulnerable members of society, whether or not they were likely to read it. The Supreme Court relied on the test in Hicklin's case and further interpreted the word "obscene" to mean that, which is "offensive to modesty or decency; lewd, filthy and repulsive". This was indeed a departure from the Hicklin test. www.ebc-india.com /lawyer/articles/2003v1a1.htm   (5128 words)

obscene   (Site not responding. Last check: 2007-10-10) Under this test, judges defined obscene material as having the power to "to deprave or corrupt those whose minds are open to such immoral influences, and into whose hands a publication of this sort may fall." In Roth v. and ruled that the appropriate test for obscenity is "whether to the average person, applying contemporary community standards, the dominant theme of the material, taken as a whole, appeals to the prurient interest. Even if the material is not considered obscene by this test, if a child was involved either in depicting sexual acts or if the child views these acts, it is a Federal Crime. www.cameraware.com /eyeon/archives/VOLUME001/obscene.html   (933 words)

Obscenity - Spanking Art Note that the standard in the first part of the test is a local one, which may vary from community to community, while the standard in the third part "serious literary, artistic, political, or scientific value" is a national one. The test specifies the maximum limits to which a state may go in defining obscenity. The Roth test: "Whether to the average person applying contemporary community standards, the dominant theme of the material, taken as a whole, appeals to the prurient interest". spankingart.wikia.com /wiki/Obscenity   (620 words)

Adult files - find and remove undesirable files disk cleaner Prior to 1957, the Hicklin Test was the most important standard for determining whether material was obscene or not. This test was laid out by British judge Chief Justice Cockburn in the 1868 case of R v. This test of obscenity has not gone unchallenged, especially since in two parts of the test, the use community standards and state law, vary widely over jurisdictions across the US. www.childsafetyfaq.com /child-safety/disk-cleaner.html   (426 words)

On Tyranny And Television: The Mainstreaming Of Pornography   (Site not responding. Last check: 2007-10-10) A 1712 Massachusetts law, for example, criminalized the publication of “any filthy, obscene, or profane song, pamphlet, libel or mock sermon.” Spurred on by Anthony Comstock in the late 19th century, 30 states prohibited the dissemination of obscene materials, and by 1956 the federal government had enacted 20 separate obscenity laws. In Hicklin, the court determined material was obscene if it had “the tendency to deprave and corrupt those whose minds are open to such immoral influences, and into whose hands a publication of this sort may fall.” With some modification, this ruling stood until Butler v. The Miller test is still in force today and the Supreme Court has affirmed that it can be used to prosecute pornography however and wherever it may appear, including “offensive representations or descriptions of ultimate sex acts, normal or perverted, actual or stimulated,” as they might appear in books, magazines, films, videos and/or the internet. www.catholicexchange.com /vm/index.asp?art_id=14753   (1774 words)

Clean Sheets Erotica Magazine Hicklin, a case ruling on the obscenity of a tract entitled "The Confessional Unmasked; Shewing the Depravity of the Romanish Priesthood, the Iniquity of the Confessional and the Questions Put to Females in the Confession". The Hicklin test became the basis of antiobscenity legislation in Britain and the United States for the next 100 years and it still refuses to die. English common law was adopted by the courts of the United States, and the attitude towards obscenity was essentially the same, with an important distinction -- the federal government could leave it up to the states to decide for themselves. www.cleansheets.com /archive/archarticles/peters_10.27.99.html   (1191 words)

firstamendmentcenter.org: Adult Entertainment in Speech - topic faqs Under the Hicklin test, obscenity could be found based on even one isolated passage. The test asked “whether the tendency of the matter … is to deprave and corrupt those whose minds are open to such immoral influences, and into whose hands a publication of this sort may fall.” “The test for child pornography is separate from the obscenity standard enunciated in Miller, but may be compared to it for the purpose of clarity. www.firstamendmentcenter.org /speech/adultent/topic_faqs.aspx?topic=pornography   (616 words)

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