In Miller v. California (1973) the Supreme Court ruled that there is no broad First Amendment protection for pornography and that instead, states could censor pornographic work if all of the following conditions are satisfied except:Select an answer and submit. For keyboard navigation, use the up/down arrow keys to select an answer.aThe average person, applying contemporary community standards, must find that the work, taken as a whole, appeals to the prurient interests.bThe work, taken as a whole, lacks serious literary, artistic, political or scientific merit.cThe work depicts or describes, in a patently offensive way, sexual conduct or excretory functions.dThe work portrays particular sex acts in ways that are especially unrealistic.
Question
In Miller v. California (1973) the Supreme Court ruled that there is no broad First Amendment protection for pornography and that instead, states could censor pornographic work if all of the following conditions are satisfied except:Select an answer and submit. For keyboard navigation, use the up/down arrow keys to select an answer.aThe average person, applying contemporary community standards, must find that the work, taken as a whole, appeals to the prurient interests.bThe work, taken as a whole, lacks serious literary, artistic, political or scientific merit.cThe work depicts or describes, in a patently offensive way, sexual conduct or excretory functions.dThe work portrays particular sex acts in ways that are especially unrealistic.
Solution
The correct answer is d. The work portrays particular sex acts in ways that are especially unrealistic. This is not one of the conditions set out in the Miller Test established by the Supreme Court in Miller v. California. The three main criteria are: a) whether the average person, applying contemporary community standards, would find that the work, taken as a whole, appeals to the prurient interest, b) whether the work depicts or describes, in a patently offensive way, sexual conduct specifically defined by applicable state law, and c) whether the work, taken as a whole, lacks serious literary, artistic, political, or scientific value.
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