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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 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 commenting on how he'll keep you warm at night.
What you need to know, besides how to make a reverse chastity belt from toilet paper, toothpaste and pencil shavings 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.
Child Porn
As you may have guessed, child porn faces a much stricter interpretation, having only a two pronged test with a much lower threshold than the Miller Test.
- Depicts an image that is, or appears to be a minor engaged in graphic bestiality, sadistic or masochistic abuse, or sexual intercourse.
- If the image lacks serious literary, artistic, political, or scientific value.
The Tanner Scale
The Tanner Scale was an old time way to judge a child's age based on physical development. Unfortunately it is fraught with problems such as, an underaged child like Traci Lords can appear more mature than some one of a similiar age due to early development and someone, such as a gymnast or an unhealthy person from a Third World Country can look younger because of delayed puberty.
It has been replaced with interpretation meaning, If a reasonable person believes that the subject is underage, then they are.
Before you run to Tijuana to buy those early Traci Lords pornos know that if the age of the girl is discovered and she is underage, it is illegal to purchase, sell or distribute anything with them when they were underage. So expect a IRL Banhammer when you try to cross the border with them.
See Also
- Child Porn
- Obscene
- Sue Basko
- Kittens Aww, after all this negativity don't you think it would be nice to look at something cute?