Miller Test
/ˈmɪlər tɛst/
Definitions
- (n.) A three-prong legal standard established by the U.S. Supreme Court to determine whether speech is obscene and thus not protected by the First Amendment.
The court applied the Miller Test to decide that the material was legally obscene.
Forms
- miller tests
Related terms
See also
Commentary
When drafting or discussing the Miller Test, it is important to specify the three criteria: (1) whether the average person would find that the work appeals to prurient interest; (2) whether the work depicts sexual conduct in a patently offensive way; and (3) whether the work lacks serious literary, artistic, political, or scientific value.
This glossary is for general informational and educational purposes only. Definitions are jurisdiction-agnostic but reflect terminology and concepts primarily drawn from English and American legal traditions. Nothing herein constitutes legal advice or creates a lawyer-client relationship. Users should consult qualified counsel for advice on specific matters or jurisdictions.