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Miller vs California

Miller vs California. Is obscenity protected by the First Amendment’s freedom of speech?. Facts/Problems and the Precedent Case. Marvin Miller’s Company doings: Distribution (books brochures “Man-Woman”) State court’s decision (Misdemeanor conflicting with California Penal Code 311.2a)

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Miller vs California

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  1. Miller vs California

  2. Is obscenity protected by the First Amendment’s freedom of speech?

  3. Facts/Problems and the Precedent Case • Marvin Miller’s Company doings: • Distribution (books brochures “Man-Woman”) • State court’s decision (Misdemeanor conflicting with California Penal Code 311.2a) • Roth vs. United States • “Community Standards”

  4. The Majority Opinion • Distribution of obscene material isn’t protected by the First Amendment • “Utterly without redeeming social value" • Miller Test: • Work is a part of the traditions or standards of the community • Depicts illegal offensive sexual conduct • Work lacks artistic, literary, scientific or political value • Judge ideology White Powell Blackmun Burger Rehnquist

  5. The Dissenting Opinion • No exception in the First Amendment • Emotional outburst • Judge ideology Douglas Brennan Marshall Stewart

  6. Impact • More state freedom to prosecute for obscenity • Less granting of Certiorari for obscenity cases • Defined “obscenity” • Further explained “community standards”

  7. Important Facts • What is the Miller Test? • What amendment is this case interpreting? • The decision judicial activism or judicial restraint? • What defined the division of the judges in the decision of this case?

  8. Bibliography "Miller v. California." Oyez. US Supreme Court Media. 22 Mar 2009 <http://www.oyez.org/cases/1970-1979/1971/1971_70_73/?sort=ideology>. Burger, Warren. "Miller v. California." 21 June 1973. Supreme Court of the United States. 22 Mar 2009 <http://www.law.umkc.edu/faculty/projects/ftrials/conlaw/miller.html>.

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