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The 1973 landmark case, Miller v. California, supra (as modified by two subsequent cases) established a three-pronged test for determining whether a "work" (i.e., material or performance) is obscene and, therefore, unprotected by the First Amendment. To be obscene, a judge and/or a jury must determine:
1. That the average person, applying contemporary community standards, would find that the work, taken as a whole, appeals to the prurient interest; AND
2. That the work depicts or describes in a patently offensive way, as measured by contemporary community standards, sexual conduct specifically defined by the applicable law; AND
3. That a reasonable person would find that the work, taken as a whole, lacks serious literary, artistic, political and scientific value.
Therefore- most of you people using popular movie examples are comparing apples to oranges. A gory movie is not judged obscene, because the offensive scene is only one part of a collective work.
This photoset however, is entirely comprised of images that lack serious literary, artistic, political and scientific value.
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