...state obscenity prosecution were set out in Miller v. California in the form of a three-part test: "(a) whether 'the average person, applying contemporary...taken as a whole, appeals to the prurient interest . . . ; (b) whether the work depicts or describes, in a patently offensive way, sexual conduct specifically...

...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...

...statement as to the guidelines to be used in determining whether particular material is obscene : 6S (a) whether the 'average person, applying contemporary...taken as a whole, appeals to the prurient interest, (b) whether the work depicts or describes, in a patently offensive way. sexual conduct specifically...

...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...

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

...v. California offered the following test of obscenity as a basic guideline for triers of fact: (A) whether the average person, applying contemporary...taken as a whole, appeals to the prurient interest...; (B) whether the work depicts or describes, in a patently offensive way, sexual conduct specifically...

...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...

...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...

...simply not unconstitutional. In defining obscenity, the Supreme Court has said that the guidelines are whether the average person, applying contemporary community standards, would find that the dominant theme of the material, taken as a whole, appeals to prurient interest, whether the work depicts...

...Burger stated, in his opinion for the Court, that obscene material is not legally protected if "(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...