Saturday, April 23, 2011

Miller v. California (1973)

Chief Justice Warren Burger
In 1973, Miller wanted to advertise 'adult' books and films, but under California's obscenity law, he was prosecuted and found guilty. Miller appealed that it was his First Amendment right to free speech and press, but the Supreme Court ruled in a 5 to 4 decision in favor of California. Since the previous standards for 'obscene' material were outdated, Chief Justice Burger put into place three statutes. First, the community standards are to be applied. Second, is the sexual material presented in an offensive way. Lastly, the work must have some literary, artistic, political, or scientific value in order to be presented to the general public. My view is that the court ruled correctly for this particular case. The new precedence allows a good balance between federal and state control.
This link describes the entirety of the case with all the technical clauses and facts.

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