Miller v. California
1973 U.S. Supreme Court case codifying what counts as "obscenity" (the Miller test) / From Wikipedia, the free encyclopedia
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Miller v. California, 413 U.S. 15 (1973), was a landmark decision of the U.S. Supreme Court clarifying the legal definition of obscenity as material that lacks "serious literary, artistic, political, or scientific value".[1] The ruling was the origin of the three-part judicial test for determining obscene media content that can be banned by government authorities, which is now known as the Miller test.[2]
Quick Facts Miller v. California, Argued January 18–19, 1972Reargued November 7, 1972 Decided June 21, 1973 ...
Miller v. California | |
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Argued January 18–19, 1972 Reargued November 7, 1972 Decided June 21, 1973 | |
Full case name | Marvin Miller v. State of California |
Citations | 413 U.S. 15 (more) 93 S. Ct. 2607; 37 L. Ed. 2d 419; 1973 U.S. LEXIS 149; 1 Media L. Rep. 144.1 |
Case history | |
Prior | Summary affirmation of jury verdict by Appellate Department, Superior Court of California, County of Orange, was unpublished. |
Holding | |
Obscene materials are defined as those that the average person, applying contemporary community standards, find, taken as a whole, appeal to the prurient interest; that depict or describe, in a patently offensive way, sexual conduct or excretory functions specifically defined by applicable state law; and that the work, taken as a whole, lacks serious literary, artistic, political, or scientific value. | |
Court membership | |
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Case opinions | |
Majority | Burger, joined by White, Blackmun, Powell, Rehnquist |
Dissent | Douglas |
Dissent | Brennan, joined by Stewart, Marshall |
Laws applied | |
U.S. Const. amend. I; Cal. Penal Code 311.2(a) |
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