"The U.S. Supreme Court established the test that judges and juries use to determine whether material is obscene. The test was developed in three major cases: Miller v. California, 413 U.S. 15, 24-25 (1973); Smith v. United States, 431 U.S. 291, 300-02, 309 (1977); and Pope v. Illinois, 481 U.S. 497, 500-01 (1987). The resulting three-pronged test to adjudicate obscenity is as follows:

Whether the average person, applying contemporary adult community standards, would find that the work, taken as a whole, appeals to the prurient interest (i.e., an erotic, lascivious, abnormal, unhealthy, degrading, shameful, or morbid interest in nudity, sex, or excretion); and

Whether the average person, applying contemporary adult community standards, would find that the work depicts or describes, in a patently offensive way, sexual conduct (i.e., ultimate sexual acts, normal or perverted, actual or simulated, masturbation, excretory functions, lewd exhibition of the genitals, or sado-masochistic sexual abuse); and

Whether a reasonable person would find that the work, taken as a whole, lacks serious literary, artistic, political, or scientific value.

Any material meeting this definition may be found to violate the laws of the United States and anyone convicted of distributing such material may be prosecuted and punished by fines and a term of imprisonment."


Seriously, how many of the porn movies out there these days would pass this test? Only the glossy and boring big studio productions... that's why the studios couldn't care less what happens to the rest of the industry. In fact, the harder obscenity will be prosecuted, the better for them, more $$$, less competition. Don't wait for phone calls from Judas.