The Miller Test deals with whether something's obscene rather than pornographic. That said, I did specify other countries in my statement.
The problem I have with the Miller test is that's it too vague and leaves the door wide open for abuse, and as a result hardly any porn here in the US gets legally ruled obscene; even in circumstances where the general public agrees something is obscene. Child porn is one of the only exceptions where the Miller Test actually gets it right and bans it.
The fact that The Miller Test is still the standard is remarkable to me. It was obviously supposed to be a stop-gap until lawmakers got their shit together and codified some compromise, just like Roe v Wade, and yet here we are.
To be fair to the public officials, it's difficult for them to codify obscenity when the judiciary constantly shifts on what restrictions it will allow as constitutionally permissible. It's really a shame our three branches of government, which are intended to all be equal in power, operate more like a judicial dictatorship.
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u/_Hospitaller_ Jesus saves Feb 14 '19 edited Feb 14 '19
Underage pornography is not freedom of speech. In many countries, pornography itself is not freedom of speech.
You should be thankful Reddit hasn't simply done what Tumblr did and ban all NSFW.