Quote:
Originally Posted by PR_Tom
Yeah but the thing is that "obscene" is in the eye of the beholder ultimately. It's sort of a truism. NOW, *IF* it was shipped with the material in plain view, it could be "obscene" to any number of people. But if it was wrapped or boxed or something, then only the recipient would view it and clearly they do not feel it's obscene since they specifically requested it.
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That is my view, but they use that Miller Test for everything to determine if it is obscene. I don't know if this is even possible, but the Miller Test needs to be challenged. That was originally brought into play for a trial involving a guy who sent out hardcore advertising through the mail and it went to the wrong people.
I can see using the Miller Test if there is an element of surprise to the sexual material (billboards, bulk mail, store advertising etc...). But when someone knows and accepts what they are about to see in private, the Miller Test seems very irrelevant.