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First, the work must be patently offensive to the average person. Second, the work must lack serious literary or artistic value. Third, the work must never have a considerable political or social impact. Although the 1st two parts of the Miller test were commonly accepted, the third part of the test was never as clear cut as it is today. Judges used their very own projections and present feelings to decide whether a piece of material was obscene. Some of the most controversial cases involving pornography have come from the Supreme Court. For example, in 1994, a comic book book artist was convicted of obscenity in Florida. Similarly, the city of Slaton, Georgia, sued a theater for showing an obscene film. In spite of the debate, obscenity laws have persevered to be a hot topic in the legal community. However, the First Amendment guarantees freedom of speech and assembly. Moreover, the First Amendment protects infants from censorship.

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