The Miller test is the United States Supreme Court’s test for determining whether speech or expression can be labelled obscene, in which case it is not protected by the First Amendment to the United States Constitution and can be prohibited.
The Miller test was developed in the 1973 case Miller vs. California. It has three parts:
1. Whether the average person, applying contemporary community standards, would find that the work, taken as a whole, appeals to the prurient interest,
2. Whether the work depicts/describes, in a patently offensive way, sexual conduct specifically defined by applicable state law,
3. Whether the work, taken as a whole, lacks serious literary, artistic, political, or scientific value.
The third condition is also known as the SLAPS test. The work is considered obscene only if all three conditions are satisfied.
The pending case United States of America v. Extreme Associates includes a video called Forced Entry, which includes rape, murder, suffocation, beatings and urination in sexual contexts.
Lets examine how this mght play out before a jury:
On Point 1 we must first define “prurient”, according to the dictionary it means:
1. Inordinately interested in matters of sex; lascivious.
2. Characterized by an inordinate interest in sex: prurient thoughts. Arousing or appealing to an inordinate interest in sex: prurient literature.
Because of the context and nature of “Forced Entry” it is clear that it does in fact appeal to an interest in sex. I don’t see any argument there
So on prong one of the Miller Test The Prosecution will point out that Forced Entry does, in fact comply ad a jury is likely to agree.
On prong two it is clear that “Forced Entry” depicts sexual conduct in a patently offensive way, and the fact that all 50 states have laws against assualt and battery, sexual assault, aggravated sexual assault and similar statutes make it very clear that “Forced Entry” will fail this prong, and a jury will likely agree.
On prong 3 The prosecution is going to hold forth that “Forced Entry” is not a real movie, it is not a real story, it contains illegal activity, not just depections of illegal activity. The prosecutor will maintain that it’s sole purpose is to appeal to a deviate interest in sexually violent aggression towards women and even likely will represent it as being outside the standards of even the adult community. They may even attempt to prove this by noting that AVN wouldn’t even review or acknowledge that the work existed.
Prong 3 will be the hardest to prove and ultimately will be the one the jury will argue, it could go either way easily, much will ride on jury selection in this case.
Much will also ride on decidions by the judge and without a doubt, appeals that may go all the way to the Supreme Court. Other counts against Extreme will test what community will have applicable standards, and when dealing with content from a website what constitutes a work as “a whole”. I put the chances of a conviction on at least one count at about 55-45 in favor of Rob being convicted, lets face it people, we handed the government the best case they could ask for.
Since most in porn have embraced Mr Black and appointed him our defacto spokesperson we are walking on thin ice indeed.
Personally I would prefer to see this trend end and the ilk of Black and others behind bars, not for obscenity but for other more egregious violations of mostly state laws that do not have anything to do with obscenity.
Rob Black has never and will never speak for me, he is illiterate and not very articulate but mostly he is vile and disgusting and his views do not represent mine.
If you are in this business you may want to give this some thought, I know I am.
My Mole in Houston Sent Me A Form:
Apparently in an effort to secure a room over superbowl weekend many guests at the hotels checked in early in the week and planned to extend their stay….much to their chagrin when they checked in they were made to sign a form stating that if they do not check out on the agreed date that they will be arrested for criminal tresspassing.
I don’t get the whole Superbowl thing, I still think it’s gay….
AVN Mad At Me?:
It appears the this site has been blocked by AVN. I have had a number of loyal readers at AVN who have indicated that they can no longer reach mikesouth.com. I did some checking and they can reach all of the other sites on the same IP address, except mine and goddess. So apparently we have been officially blocked. At whose request I don’t know. Apparently it got blacked around the same time that I ran the Tiffany Case/Chasey Lain Story, though I have no proof that that story was the offending story. Oh Well I hope that this is just a hardware or software mistake and not an outright ban.
OK Time to Take a Test:
Anthony sent me this, I have modified the test to make it more relevant.
Pimp Daddy South,
Got into an argument the other night with a friend over whether those in porn are not smart enough to cut it in the real world. His case is this most porn stars dont have “book smarts” to get degrees and worthwhile jobs. My stance is why waste time working 40 hours for $10 when you can work 1-2 hours and make more than you would for the week. Besides, I would rather have common sense than book smarts any day of the week. After a heated discussion, we made a bet. He would select four questions and we would post them on your site. The only people that could answer them were people in the porn business (accountants/lawyers not ellgible.) Three of the 4 have to be answered correctly.
The stakes: If I win, Judd has to stand out in public bare assed and hold a sign that states “Porn stars are smarter than me!”, which he will have a funt ime explaining to his school’s administration since he is a teacher. If he wins, yours truly has to dress up in a French Maids outfit and go clubbing and have to dance with any guy who asks me. With something so damn embarrassing I know the first guy I am turning to. Who else is more knowledgeable than you in this business?
Heres the questions (all math related.)
They are all math related but more importantly they are all statistics, a course I presume your friend teaches. Now seeing that porners don’t need to know about deviations (of the standard variety) and all I am fixing your test to make it more relevant.
1. A population has a mean of 40, and a standard deviation of 6. The area under the normal curve between the mean value and a sample value of 49 is?
1. The Population of Los Angeles is roughly 10 Million, given a normal age spread of this population how many girls are turning 18 everyday?
A. Not Enough
B. Too Many
C. Enough to keep Porn Valley in 18 year old pussy for porn videos
D. It doesn’t matter bcause Max Hardcore will get them and make them look 12
2. The life of a battery is normally distributed with a mean of 1000 hours and a standard deviation of 50 hours. The amount of production that will have a life of between 930 and 1080 is:
2. The life of a Car Battery is normally 36 Amp Hours, what are the chances that a porn chicks late model VW Beetle will have a dead battery the day you need her to show up for a shoot.
A. That depends on how many of her immediate family have died, preventing her from attending your previous shoots.
B. That depends on what drugs she did last night
C. That depends on if she worked yesterday
D. How soon is her rent due
E. All of the Above
3. A 100-hour test of 20 items results in 3 failures, with the failures occurring after 40, 72, and 88 hours. The mean life (0) of the product is approximately:
A. 567 hours
B. 633 Hours
C. 667 hours
D. 800 hours
3. A 10 hour shoot with 6 meat puppets, 3 new, 3 veterans, results in the shoot taking over 16 hours, If sperm production is 1/2 the remaining volume per four hours how long will it be before the veterans can stand in and provide 80% volume pop shots for the new guys that can’t perform?
A. The vets are Dave Hardman, Randy West and Tyce Bune so the pop shot is miniscule anyway, hell they could even fake it
B. No time at all we just use the turkey basters and the fake jizz, this fucker has already run over too much.
C. Its a Jim Gunn Shoot we just make it all girl and give the guys a $25.00 kill fee
D. How much Viagra you got Tyce?
4. A firm produces a gear for use in the assembly machine that has a mean diameter of 12cm and a standard deviation of 0.75cm. If production is normally distributed, what percentage of the goods will be produced within the specification limit of 12.2cm+/-0.8cm .
4. Metro Home Video has called you wanting to order 1000 copies of your newest release. What price will you have to charge them to make a 50% Return on Investment considering that they will go a minimum of 180 days past due and will then bounce 3 checks to you. Don’t forget to factor in what the money would have been worth had you actually gotten it net 30 as you specify…In other words add interest.
A. 15.00 per
B. Shit we may as well not charge em at all they wont pay anyway
C. 10.00 per but we will accept product in trade because we are a distributor too
D. 5.00 per…we actually lose a buck per tape at that price but we will make it up in volume.
E. It don’t fuckin matter cuz the Producer/Director paid for all the costs, including duplication and printing and he dont get paid til I get paid, it aint my fuckin problem.
So there you go. Being the arrogant math teacher that he is, has already gone out and purcahsed the maid’s outfit. I am hoping my defense of the porn community’s intelligence doesnt backfire and bite me on the ass. There will be pictures sent to you to show who the winner was…I just hope its not my white ass.
I think you both lost….