When are obscenities and sexually oriented speech considered obscene?

Hypo 1: Bob runs an adult video store in a conservative town in Hypofornia. He starts selling a new pornographic film series that features extremely graphic, violent sexual acts. Sam, a local minister, complains to the police that the videos are obscene. The police obtain the videos and charge Bob with distribution of obscene material. Result: To determine if the videos are obscene, the jury would apply the Miller test: (1) Would the average person in this conservative community find that the highly explicit content appeals primarily to the prurient interest in sex? Given the conservative nature of the town, Prong 1 is likely met. (2) Are the graphic depictions of sexual acts considered patently offensive by the standards of this community? Given the explicitness and the community's conservative values, Prong 2 is met. (3) Do the films lack any serious artistic, literary, political, or scientific value? If the prosecution successfully argues that the films are purely pornographic with no higher value, and Bob cannot provide evidence to the contrary, Prong 3 would be satisfied. Thus, the videos would likely be deemed obscene in this community.

Hypo 2: Bob is an artist who creates sexually provocative paintings that critique gender roles and sexual politics. He displays them in his gallery in a progressive city in Hypofornia. Sam, a conservative activist, is offended by the graphic sexual imagery and sues to have the paintings declared obscene. Result: Applying the Miller test: (1) While the paintings contain graphic sexual content, the average person in this progressive community may view them as more than just an appeal to prurient interests given the political context. Prong 1 is questionable. (2) The explicit imagery might be considered offensive by some in the community, but the prevalent attitudes here make it uncertain. Prong 2 is arguable. (3) Bob has a strong case that his works have serious artistic and political value as pointed social commentary. Prong 3 is likely not met. Since at least one prong fails and the others are uncertain, the paintings are probably not obscene in this jurisdiction.

Hypo 3: Bob operates a website out of Hypofornia that features explicit written stories describing violent sexual encounters. Sam's teenage son in New Hypoland stumbles across the site. Sam is outraged and demands his local authorities take action against Bob for disseminating obscenity. Result: Assuming New Hypoland authorities can even prosecute Bob, they'd apply the Miller test: (1) The extremely explicit sexual content likely appeals to the prurient interest by the standards of most communities, including New Hypoland. Prong 1 is met. (2) The violent nature of the material described would probably be seen as patently offensive. Prong 2 is met. (3) However, as literature, the stories might have some artistic value, even if it's slight. If Bob can make that case, Prong 3 may not be met. With one prong in doubt, and the inherent subjectivity in applying local standards to a website, proving the material is obscene would be an uphill battle.

Hypo 4: Bob is a film studies professor at a university in Hypofornia. In his class on the history of cinema, he screens a mainstream film that contains a brief but explicit unsimulated sex scene. Sam, a student, complains to the administration that showing the film was obscene. Result: The Miller test would likely determine the film is not obscene: (1) The average person, applying contemporary community standards, would likely see the film as not primarily appealing to prurient interests, given its serious subject matter and artistic context. Prong 1 is not met. (2) While the sex scene is explicit, its brief inclusion in a mainstream film would not likely be considered patently offensive by community standards. Prong 2 is not met. (3) As a work of cinema being studied in an academic setting, the film clearly has serious artistic and literary value. Prong 3 is not met. With no prongs satisfied, the film is not obscene in this context.