SonOfVoorhees said:
Porn is people paid to fuck. Not art.
It can actually much more than that, because porn has to be appealing to an audience. There is a lot of show(wo)manship involved, along with posing and editing. The director and performers make choices about how each scene will play out, and through those decisions comes the opportunity for art. Sure, a lot of porn (especially porn made for men) isn't especially artistic because making choices about setting an atmosphere gets in the way of the "zoom in on genitals" shots, but not all porn is made in the laziest way possible.
Owyn_Merrilin said:
I'm very familiar with the Miller test, and once again, that is for obscenity, not porn.
And really, I have no objection to the community standards rule, if only because there has historically been very, very little that runs afoul of it. In one case where the rule was used to try and close a porn shop, the owner was successfully able to argue that due to the fact that local members of the community shopped in his store, his store did not violate community standards.
The only objection I have to the Miller test is that it defines all obscenity as material of a sexual nature. I don't believe that to be the case. For example, if I made a video of myself stomping baby birds to death, that should probably be evaluated as obscene material. Not that I want more material declared obscene, just that sex isn't the only way to be obscene.