Jump to content
Main menu
Main menu
move to sidebar
hide
Navigation
Main page
Recent changes
Random page
Help about MediaWiki
Special pages
Niidae Wiki
Search
Search
Appearance
Create account
Log in
Personal tools
Create account
Log in
Pages for logged out editors
learn more
Contributions
Talk
Editing
Miller v. California
(section)
Page
Discussion
English
Read
Edit
View history
Tools
Tools
move to sidebar
hide
Actions
Read
Edit
View history
General
What links here
Related changes
Page information
Appearance
move to sidebar
hide
Warning:
You are not logged in. Your IP address will be publicly visible if you make any edits. If you
log in
or
create an account
, your edits will be attributed to your username, along with other benefits.
Anti-spam check. Do
not
fill this in!
==Opinion of the Court== Miller had based his appeal in California on the ''[[Memoirs v. Massachusetts]]'' precedent, particularly its test for material without any redeeming social value. Miller believed that such material had value for consenting adults who purchased it voluntarily.<ref name=":0" /> Per this argument positioning such material as items of expression, the question before the Court was whether the sale and distribution of that material was protected under the First Amendment's guarantee of [[Freedom of Speech|freedom of speech]]. The court determined that the material at issue in Miller's case was pornography that could have been banned under the ''Roth'' precedent.<ref name=":0" /> However, the Court acknowledged "the inherent dangers of undertaking to regulate any form of expression", and said that "State statutes designed to regulate obscene materials must be carefully limited."<ref name=":0" /> The Court, in an attempt to set such limits, devised a set of three criteria which must be met for a media item to be legitimately subjected to state regulatory bans: # whether the average person, applying contemporary [[community standards]], would find that the work, taken as a whole, appeals to the [[wiktionary:prurient|prurient]] interest; # whether the work depicts or describes, in an offensive way, sexual conduct or excretory functions, as specifically defined by applicable state law; and # whether the work, taken as a whole, lacks serious [[Literature|literary]], [[art]]istic, [[Politics|political]], or [[Science|scientific]] value.<ref name=":0" /> This test clarified the definition of [[United States obscenity law|obscenity]] originally set out in the ''Memoirs'' precedent.<ref name=Memoirs/> This three-part analysis became known as the [[Miller test]].<ref name=":2" /> The result of the ruling was that the Supreme Court overturned Miller's criminal conviction and [[Remand (court procedure)|remanded]] the case back to the California Superior Court for reconsideration of whether Miller had committed a misdemeanor.<ref name=":1" /> On overturning Miller's conviction, the Court stated: "Under the holdings announced today, no one will be subject to prosecution for the sale or exposure of obscene materials unless these materials depict or describe patently offensive 'hard core' sexual conduct specifically defined by the regulating state law, as written or construed."<ref name=":0" />
Summary:
Please note that all contributions to Niidae Wiki may be edited, altered, or removed by other contributors. If you do not want your writing to be edited mercilessly, then do not submit it here.
You are also promising us that you wrote this yourself, or copied it from a public domain or similar free resource (see
Encyclopedia:Copyrights
for details).
Do not submit copyrighted work without permission!
Cancel
Editing help
(opens in new window)
Search
Search
Editing
Miller v. California
(section)
Add topic