Which case established a test used to determine obscenity?

• A. United States v. Park
• B. Roth v. United States
• C. Paris Adult Theatre I v. Slaton
• D. Miller v. California

Answer: (D)

This question tests your knowledge of which case set the standard for deciding what counts as obscenity. The established test comes from Miller v. California. It creates a three-part standard used to determine obscenity and thus what is not protected by the First Amendment.

First, the material is judged by the average person, applying contemporary community standards, to see if it would appeal to a prurient interest. Second, the material must depict or describe sexual conduct in a way that the average person would find patently offensive, as defined by state law. Third, the work taken as a whole must lack serious literary, artistic, political, or scientific value. If all three parts are met, the material is considered obscene.

This framework replaced earlier approaches and provides a concrete, multi-step method for courts to apply across different jurisdictions. The other cases you might have seen deal with related topics or different standards, but Miller v. California is the one that established the specific test used to determine obscenity.