Obscenity and child pornography are not protected by the First Amendment. Obscenity is defined by using the Miller test from Miller v. California, 413 U.S. 15 (1973). This states that obscenity includes the following criteria: (1) whether ‘the average person, applying contemporary community standards’ would find that the work, ‘taken as a whole,’ appeals to ‘prurient interest’ (2) whether the work depicts or describes, in a patently offensive way, sexual conduct specifically defined by the applicable state law, and (3) whether the work, ‘taken as a whole,’ lacks serious literary, artistic, political, or scientific value (Legal Information Institute, 2012). Child photography was not taken under consideration when the Supreme Court formulated this test. Child pornography can be banned whether it is obscene or not, as long as it depicts actual children and not actors posing as children (Kanovitz, 2010).