[dragonwriter]

> You'd need "the average person, applying contemporary community standards" to say that under the Miller test and have the court/a jury to agree.

No, you just need the court to agree, you don't need to actually get the (non-existent, fictional abstraction) of “the average person” to say anything, you just need a judge to believe that.

[reverendsteveii]

in a nation of 400 million people you only need 5 to agree with you (if it's the right 5) and then the 6 of y'all are "the average person, applying contemporary community standards" and the 399,999,994 of us are out of touch deviants.