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A number of crucial proceedings have set the standard for obscenity rulings. This contains Miller v. California, which prominent between obscenity and non-obscene elements. In addition to the Miller test, the Supreme Court has articulated a more common test to examine if anything is obscene. Chief Justice Warren Burger wrote that "the most enormous implication is that alternative communities can articulate various community standards in obscenity cases. "In the case of pornography, a 3-part test was hired to examine regardless of whether it was obscene. First, the work needs to be patently offensive to the common person. Second, the work must lack serious literary or creative value. Third, the work mustn't ever have a considerable political or social impact. Although the first two parts of the Miller test were generally approved, the third a part of the test was never as clear cut as it is today. Judges used their own projections and latest emotions to decide regardless of whether a piece of material was obscene.

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