Empirical Evidence,Community Standards,and the Boundaries of Obscenity: A Test Case

This article examines the issue of community standards and the role such standards play in demarcating the boundaries of obscenity. A brief discussion of the landmark Miller decision, its impact on obscenity statutes, and a consideration of the criticisms of the Miller decision, particularly those pertaining to the test of obscenity, are discussed. The potential of social science research and empirical evidence to aid in the determination of community standards regarding obscenity is considered. Results are presented from an empirical investigation of community standards on obscenity in a particular local community in the state of Louisiana.