The Hicklin test is a legal concept, from the 1868 English case - "Regina v. Hicklin". This article is about law in society. ... 1868 was a leap year starting on Wednesday (see link for calendar). ...
The test asks: "whether the tendency of the matter charged as obscenity is to deprave and corrupt those whose minds are open to such immoral influences." If yes, then such was declared to be obscene. Obscenity has several connotations. ...
The Miller test is the United States Supreme Court's test for determining whether speech or expression can be labeled obscene, in which case it is not protected by the First Amendment to the United States Constitution and can be prohibited.
The Miller test was developed in the 1973 case Miller v.
Another important issue is that Miller asks for an interpretation of what the "average" person finds offensive, rather than what the more sensitive persons in the community are offended by, as obscenity was defined by the previous test, the Hicklintest, stemming from the English precedent.
The United States has constitutional protection for freedom of speech, which was not designed to protect every utterance, and the Supreme Court has ruled that this protection does not extend to obscenity as currently defined by the Miller test.
Hicklintest: the effect of isolated passages upon the most susceptible persons.
Roth-Memoirs Test: a) the dominant theme of the material taken as a whole appeals to a prurient interest in sex; (b) the material is patently offensive because it affronts contemporary community standards relating to the description or representation of sexual matters; and (c) the material is utterly without redeeming social value.
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