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Miller Test
So, you're another internet artist looking to stretch your creative muscles and make a political statement. You spent days thinking about it and finally came up with the idea of taking a photograph of posting of the ass of a man with Our God Emperor's face painted on it squeezing out a log and a woman with an American Flag painted on her face eating that warm ass sausage as it comes out and posting it on Twatter along with the hashtag Fuck Trump.
Now you're sitting in jail and a big hairy gorilla is sniffing your hair and coomenting on how he'll keep you warm at night.
What you need to know, besides how to make a reverse chastity belt to protect your delicate O Ring is that your photograph will face a three pronged test developed to decide if it's obscene and therfor, not protected by the First Amendment called The Miller Test.
The Three Pronged Test
- Whether a reasonable person, applying contemporary community standards, would find, that the work taken as a whole, appeals to the prurient, having or encouraging an excessive interest in sexual matters., interests.
- Whether the work depicts or describes in a patently offensive way sexual conduct as defined by state law;
- Whether the work, taken as a whole, lacks literary, artistic, political or scientific value.
See Also