Warning! This video is illegal to watch in at least 13 states. Do not view this video if your local community standards do not recognize the “serious literary, artistic, political, or scientific values” of baby toe sucking.
When considering if you should view this video, please refer to this synopsis of Miller v. California (1973), which established the Miller Standard, which clearly articulated that three criteria must be met for a work to be legitimately subject to state regulations. The Court recognized the inherent risk in legislating what constitutes obscenity, and necessarily limited the scope of the criteria. The criteria were:
- The average person, applying local community standards, looking at the work in its entirety, appeals to the prurient interest.
- The work must describe or depict, in an obviously offensive way, sexual conduct or excretory functions.
- The work as a whole must lack “serious literary, artistic, political, or scientific values”.
As Justice Potter Stewart famously said when he concurred with the court’s opinion in Jacobellis v. Ohio 378 U.S. 184 (1964), “… (regarding obscenity)… I know it when I see it”
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