Index/Topics/Miller Test

Miller Test

A standard for determining whether material is obscene, used in US courts.

Fact-Checks

8 results
Jan 26, 2026
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How have U.S. courts ruled on possession charges for AI‑generated CSAM and what precedents exist for First Amendment defenses?

A recent federal district court dismissed a possession charge tied to wholly AI‑generated obscene images, finding Section 1466A unconstitutional as applied to private possession of virtual CSAM—invoki...

Jan 17, 2026
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How is textual only content depicting minors in sexual activities handled differently from visual content

Text-only sexual writing that depicts minors is treated far more permissively under U.S. law and constitutional doctrine than visual depictions: federal statutes and precedent focus criminal liability...

Jan 29, 2026
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How do individual U.S. states regulate fictional or written sexual depictions of minors?

Most authoritative statutes aimed at operate at the federal level and target visual depictions, while states vary and rarely criminalize purely written or fictional narratives about minors except wher...

Feb 1, 2026

What legal tests determine when an image of a minor is 'sexually explicit' under U.S. law?

Federal law defines “” for images of minors through a mix of statutory categories and judicially applied tests: the statutory definition in 18 C. §2256 enumerates particular kinds of conduct (intercou...

Jan 29, 2026

What defenses have succeeded in cases involving lolicon, hentai, or AI-generated child-sex content in U.S. courts?

courts and commentators show a narrow set of defenses that have had measurable success against prosecutions for : First Amendment challenges rooted in , obscenity‑test attacks under , and factual or p...

Feb 4, 2026

Have courts ruled on the constitutionality of criminalizing possession of anime or cartoon depictions of minors (lolicon) in the U.S.?

courts have repeatedly confronted whether criminal laws can reach “virtual” —anime, manga or drawn depictions often called lolicon—and the answers are mixed: and several federal judges have struck dow...

Feb 2, 2026

What legal risks do unpaid or informal 'homemade' sex videos carry compared with professionally produced adult content?

carry many of the same baseline legal risks as professionally produced adult content—most notably laws against sharing non‑consensual material, , and —but they lack the compliance scaffolding (contrac...

Jan 6, 2026

What legal cases have tested whether filmed consensual fetish acts constitute illegal pornography or extreme content?

A small set of headline cases and doctrinal tests have shaped whether filmed consensual fetish acts fall outside First Amendment protection, but most litigation has split along two lines: U.S. courts ...