Final answer:
The core question regarding what is considered obscene on the Internet revolves around "Whose contemporary community standards" apply, as established by the Miller test. This reflects the complexity of regulating Internet content, given the varying standards across different communities and the challenges posed by technology and freedom of expression.
Step-by-step explanation:
The key question in deciding what Internet material is obscene is: "Whose contemporary community standards are used?" This is a significant question because defining what is considered obscene content varies greatly among different communities, and the Internet serves a global audience.
In the landmark case Miller v. California, the U.S. Supreme Court established guidelines known as the Miller test to determine what constitutes obscenity, which involves assessing whether the average person, applying contemporary community standards, would find that the work appeals to the prurient interest, depicts sexual conduct in a patently offensive way, and lacks serious literary, artistic, political, or scientific value. This test addresses the issue that communities across different regions, such as New York or San Francisco compared to Memphis or Salt Lake City, have varying tolerances for what they would consider obscene, reflecting differing community standards. However, when it comes to the Internet, applying these standards is particularly challenging due to the cross-jurisdictional nature of the medium and lack of a universal community standard.
The courts have long struggled with the concept of obscene material and how it should be regulated, especially in light of First Amendment rights to freedom of expression. As technology evolves, the methods for disseminating content—including potentially obscene material—become more sophisticated, raising ongoing questions about censorship, children's access to adult content, and the balance between free speech and community standards of decency.