The Chicago Public Library protects the open and rampant use of Internet pornography by library patrons. This blog is an attempt to bring awareness to this issue and enact change.

Thursday, October 2, 2008

What Constitutes Obscenity?

Obscenity was defined by the Supreme Court in the 1973 Miller vs. California case (now known as the Miller test. This is also the same case of the famous "I'll know it when I see it.")
Please click the following link for more detailed information on the Miller test: http://courses.cs.vt.edu/~cs3604/lib/Censorship/3-prong-test.html

Basically, the Miller test states that that a work is subject to the local community regulations as to if the work, taken a complete piece, appeals to the prurient interest in sex; and, taken as whole, does not have serious artistic, political, or scientific value.

The test is 3-part, as below:
"The basic guidelines for the trier of fact must be:

(a) whether "the average person, applying contemporary community standards" would find that the work, taken as a whole, appeals to the prurient interest, [Roth, supra, at 489,]

(b) whether the work depicts or describes, in a patently offensive way, sexual conduct specifically defined by the applicable state law, and

(c) whether the work, taken as a whole, lacks serious literary, artistic, political, or scientific value. If a state obscenity law is thus limited, First Amendment values are adequately protected by ultimate independent appellate review of constitutional claims when necessary. [Pp. 24-25.]" (http://courses.cs.vt.edu/~cs3604/lib/Censorship/3-prong-test.html)



dictionary.com definition of "prurient"
Dictionary.com Unabridged (v 1.1) - Cite This Source - Share This pru·ri·ent [proor-ee-uhnt] Pronunciation Key - Show IPA Pronunciation
–adjective
1.having, inclined to have, or characterized by lascivious or lustful thoughts, desires, etc.
2.causing lasciviousness or lust.
3.having a restless desire or longing.

[Origin: 1630–40; <>prūrient- (s. of prūriéns), prp. of prūrīre to itch]

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