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How did Justice Lewis Powell describe obscenity?

Justice Lewis Powell didn't really describe obscenity, at least not in a singular, definitive way. He was, however, a key figure in the landmark Miller v. California (1973) case, which established the current standard for defining obscenity in the United States.

The Miller test, which stems from this case, established a three-pronged definition for obscenity:

1. The average person, applying contemporary community standards, would find that the work, taken as a whole, appeals to the prurient interest. This focuses on whether the material is sexually explicit and likely to excite lustful thoughts in the average person.

2. The work depicts or describes, in a patently offensive way, sexual conduct specifically defined by the applicable state law. This focuses on whether the material goes beyond mere nudity or sexual suggestion and depicts specific acts that are considered offensive in the community.

3. The work, taken as a whole, lacks serious literary, artistic, political, or scientific value. This focuses on whether the material has any redeeming artistic or intellectual merit.

While Powell didn't articulate a single, concise definition of obscenity, his influence in the Miller v. California case and his work on the Court led to the establishment of the Miller test, which is still used today to determine what constitutes obscenity.

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