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Index/Topics/Miller Obscenity Test

Miller Obscenity Test

The test used to determine whether material is obscene and therefore not protected speech.

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Jan 24, 2026
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How are courts treating AI‑generated or indistinguishable synthetic CSAM under current federal and state laws?

Federal courts and lawmakers are wrestling with (CSAM): prosecutors treat such material as criminal under existing federal statutes in many cases, but constitutional limits from and recent district-co...

Jan 30, 2026

How do U.S. courts interpret the PROTECT Act when applied to drawn or animated sexual material?

The makes drawn or animated sexual depictions of minors prosecutable under federal law when they meet either a “computer-generated indistinguishable” standard or are found to be obscene under 18 U.S.C...