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In 1973, in Miller v. California,' the Supreme Court wrested from the "tortured history" 2 of its obscenity doctrine the modern constitutional definition of "obscenity." Miller set forth a new test to distinguish sexually explicit art from obscenity, protecting such art only if it demonstrates "serious . . . artistic . . . value."" Yet Miller was drafted at a radical turning point in the history of art, and the new art that has arisen since Miller has rendered standards such as "serious artistic value" obsolete. This new art-Post-Modern art'-rebels against the demand that a work of art be 'serious, or that it have any traditional "value" at all. Miller, then, evaluates contemporary art by the very standard which that art seeks to defy.6

Post-Modern Art and the Death of Obscenity Law