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Ferber, (10) In Ferber, the Supreme Court unanimously rejected the Miller test as applied to child pornography and found that the harm done to children by the production, distribution, and possession of child pornography far outweighed the free speech exceptions of the Miller test.
In it, the United States Supreme Court attempted, once again, to establish a number of criteria, known as the Miller Test, by which the judiciaries can determine what constitutes obscene material.
In effect, then, the Miller test permits everything and nothing.