...state obscenity prosecution were set out in Miller v. California in the form of a three-part test: "(a) whether 'the average person, applying contemporary...taken as a whole, appeals to the prurient interest . . . ; (b) whether the work depicts or describes, in a patently offensive way, sexual conduct specifically...

...literary, artistic, political or scientific value. Works shall be conclusively deemed obscene If ; (a) tbe average person, applying contemporary community standards...taken as a whole appeals to the prurient Interest, and If (b) the work depicts or describes in a patently offensive way any of the following sexual conduct...

...statement as to the guidelines to be used in determining whether particular material is obscene : 6S (a) whether the 'average person, applying contemporary...taken as a whole, appeals to the prurient interest, (b) whether the work depicts or describes, in a patently offensive way. sexual conduct specifically...

...the Roth-Memoirs definition of obscenity: "The basic guidelines for the trier of fact must be: (a) whether 'the average person, applying contemporary community standards' would find that the 49 BRENNAN, J., dissenting work, taken as a whole, appeals to the prurient interest . . . (b) whether...

...standards to be applied by the states in determining whether obscene material is subject to regulation are (1) whether the average person, applying contemporary...appeals to the prurient interest, (2) whether the works depicts or describes »in a patently offensive way« (but the patently offensive sexual conduct...

...v. California offered the following test of obscenity as a basic guideline for triers of fact: (A) whether the average person, applying contemporary...taken as a whole, appeals to the prurient interest...; (B) whether the work depicts or describes, in a patently offensive way, sexual conduct specifically...

...the 'Miller test' is a three-pronged approach to defining obscenity. The basic guidelines are "(a) whether 'the average person, applying contemporary...taken as a whole, appeals to the prurient interest [Roth] . . . ; (b) whether the work depicts or describes, in a patently offensive way, sexual conduct...

...established by Miller, and then tweaked in numerous succeeding cases,225 included the yardstick of whether "'the average person, applying contemporary...the work, taken as a whole, appeals to the prurient interest."136 The crux of civil libertarian objections to "contemporary community standards" lies in...

...contemporary community standards, would find the work as a whole appealing to the prurient interest; (b) whether the work depicts or describes in a patently...specifically defined by the applicable state law; and (c) whether the work as a whole lacks serious literary, artistic, political, or scientific value. The...

...contemporary community standards would find the work, taken as a whole, appeals to prurient interests; (b) whether the work depicts or describes, in a patently...specifically defined by the applicable state law; and (c) whether the work taken as a whole lacks serious literary, artistic, political, or scientific value....