1 / 8

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)

media
Télécharger la présentation

Miller vs California

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  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>.

More Related