What is the difference between the Hicklin rule and the Miller test for obscenity?
What must a trial judge do before he or she can issue a restrictive order against the press during a criminal proceeding?© BrainMass Inc. brainmass.com October 10, 2019, 5:05 am ad1c9bdddf
Miller test: what the average person would see as obscene. It cannot have any real artistic value. Its just straight porn.
Hicklin is different - it is about harm. Even if something has artistic value, if it hurts the common morality of the people, it is obscene.
Of course, Hicklin is far more restrictive. It assumes that "prurient interest" is involved. This means that its primary purpose is provocative, not evocative. In other words, that the obscenity is about manipulating your emotions in an anti social ...
The expert examines the first amendment in a court of law. The three processes of legal devices a trial judge can use to try to ameliorate or remedy the effects of mass media publicity about a case. The differences between Hicklin rule and the Miller test for obscenity.