Index/Topics/Miller Test

Miller Test

A legal test used to determine whether material is obscene, including written fiction.

Fact-Checks

5 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 29, 2026

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...

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...

Jan 17, 2026

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 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 ...