...trier of fact must be: (a) whether 'the average person, applying contemporary 767 Opinion of the Court community standards' would find that the work, taken as a whole, appeals to the prurient interest, Kois v. Wisconsin, [408 US 229,] 230 [(1972)], quoting Roth v. United States, [354 US 476,] 489 [(1957)];...

...literary, artistic, political or scientific value. Works shall be conclusively deemed obscene If ; (a) tbe average person, applying contemporary community standards...taken as a whole appeals to the prurient Interest, and If (b) the work depicts or describes in a patently offensive way any of the following sexual conduct...

...restatement of the Roth-Memoirs definition of obscenity: "The basic guidelines for the trier of fact must be: (a) whether 'the average person, applying contemporary community standards' would find that the 49 BRENNAN, J., dissenting work, taken as a whole, appeals to the prurient interest . . . (b) whether...

...to be applied by the states in determining whether obscene material is subject to regulation are (1) whether the average person, applying contemporary...taken as a whole, appeals to the prurient interest, (2) whether the works depicts or describes »in a patently offensive way« (but the patently offensive...

...comment. Under prevailing constitutional doctrine, material cannot be proscribed unless. inter alia, " 'the average person, applying contemporary community...taken as a whole, appeals to the prurient interest . . . [and] describes, in a patently offensive way, sexual conduct specifically defined by the applicable...

...pornography, and thus beyond the protection of the First Amendment, if it meets the following test: (a) the average person, applying contemporary community...taken as a whole, appeals to the prurient interest; and (b) the work depicts or describes, in a patently offensive way, sexual conduct specifically defined...

...and therefore not protected by the First Amendment, the trier of fact must follow these guidelines: (a) whether "the average person, applying contemporary...taken as a whole, appeals to the prurient Interest, Kois v. Wisconsin [408 US 229, 230 (1972)], quoting Roth v. United States [354 US 476, 489 (1957)]...

...and therefore not protected by the First. Amendment, the trier of fact must follow these guidelines: (a) whether "the average person, applying contemporary...taken as a whole, appeals to the prurient interest, Kois v. Wisconsin [408 US 229, 230 (1972)], quoting Roth v. United States [354 US 476, 4«9 (1957)];...

...average person ... This is not Miller. The correct Miller definition stated that the question was: ... whether 'the average person, applying contemporary...taken as a whole, appeals to the prurient interest ... As every lawyer knows, when we deal with "words of art," every word counts. The present draft contains...

...found in Miller v. California, 413 US 15 (1973). Under the Miller standard, a work is obscene if: (a) the average person, applying contemporary community...as a whole, appeals to the prurient interest; (b) the work FOOTNOTES (cont'd.) depicts or describes, in a patently offensive way, sexual conduct specifically...