Editing Miller test (section)

===''Miller'' test may lead to greater censorship===
Because it allows for community standards and demands "serious" value, [[William O. Douglas|Justice Douglas]] worried in his dissent that this test would make it easier to suppress speech and expression. ''Miller'' replaced a previous test asking whether the speech or expression was "utterly without redeeming social value".<ref>''[[Roth v. United States]]'', 1957.</ref> As used, however, the test generally makes it difficult to outlaw any form of expression. Many works decried as pornographic have been successfully argued to have some artistic or literary value, most publicly in the context of the [[National Endowment for the Arts]] in the 1990s.<ref>{{cite web |date=February 1996 |url=http://www.firstamendmentcenter.org/public-funding-of-controversial-art |title=Public Funding of Controversial Art |publisher=The First Amendment Center |access-date=2011-11-16 |archive-date=2014-04-08 |archive-url=https://web.archive.org/web/20140408110145/http://www.firstamendmentcenter.org/public-funding-of-controversial-art |url-status=dead }}</ref>

The first two prongs of the ''Miller'' test – that material appeal to the prurient interest and be patently offensive – have been said to require the impossible: "They require the audience to be turned on and grossed out at the same time".<ref>[[Kathleen Sullivan (lawyer)|Sullivan, Kathleen]] (September 28, 1992). "The First Amendment Wars", ''The New Republic'', vol. 207, no. 14, pp. 35–38.</ref>