...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...

...literary, artistic, political, or scientific value. Pp. 23-24. 2. The basic guidelines for the trier of fact must be: (a) whether "the average person, applying...taken as a whole, appeals to the prurient interest, Roth, supra, at 489, (b) whether the work depicts or describes, in a patently offensive way, sexual...

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

...Miller 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...

...unconstitutional. In defining obscenity , the Supreme Court has said that the basic guidelines are "(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...

...comment. Under prevailing constitutional doctrine, material cannot be proscribed unless. inter alia, " 'the average person, applying contemporary community...taken as a whole, appeals to the prurient interest . . . [and] describes, in a patently offensive way, sexual conduct specifically defined by the applicable...

...pornography, and thus beyond the protection of the First Amendment, if it meets the following test: (a) the average person, applying contemporary community...taken as a whole, appeals to the prurient interest; and (b) the work depicts or describes, in a patently offensive way, sexual conduct specifically defined...

...Miller v. California, 413 US 15 (1973), defined obscene material with reference to a 3-part test: (1) whether the average person, applying contemporary...taken as a whole, appeals to the prurient interest; (2) whether the work depicts or describes, in a patently offensive way, sexual conduct specifically...