Supreme Court Establishes Miller Test for Obscenity

June 21st, 1973

June 21st, 1973

Supreme Court Establishes Miller Test for Obscenity
How Long Ago?

51 years, 10 months, 8 days ago

Location

Washington, D.C., United States

Category

Crime & Law

People
  • Justice Potter Stewart
  • Justice William Brennan
  • Marvin Miller
  • Chief Justice Warren Burger
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Supreme Court Establishes Miller Test for Obscenity

In a landmark decision, the U.S. Supreme Court established the Miller test to define obscenity in the case of Miller v. California. This ruling stemmed from a case involving Marvin Miller, who had been convicted under California law for distributing unsolicited adult materials. The Court sought to clarify the legal boundaries of free speech and obscenity, leading to a three-part test that would judge whether material is obscene and thus not protected by the First Amendment. This decision significantly influenced the regulation of adult content in the United States.

Defined obscenity with Miller test.

Established by the Supreme Court ruling.

Influenced adult content regulation.

Significant for free speech debates.

What Happened?

Miller v. California arose from a case involving Marvin Miller, who had sent unsolicited advertisements for adult films to various recipients. Following complaints about the materials, he was charged under California law for distributing obscene materials. Miller contended that his actions fell under the protection of the First Amendment; however, the California courts upheld his conviction, leading him to appeal to the U.S. Supreme Court. The case reached the Court in the early 1970s amidst growing concerns about obscenity in media, particularly due to the liberalized cultural landscape of the era.

On June 21, 1973, the Supreme Court delivered a 6-3 ruling that established what is now known as the Miller test for obscenity. The Court articulated a three-part standard to determine whether material is considered obscene: (1) whether the average person, applying contemporary community standards, would find that the work, taken as a whole, appeals to the prurient interest; (2) whether the work depicts or describes sexual conduct in a patently offensive way, as defined by state law; and (3) whether the work, taken as a whole, lacks serious literary, artistic, political, or scientific value.

This decision sought to balance the First Amendment protections of free speech with the community's interest in regulating obscenity. By leaving the definition of what constitutes obscenity to local jurisdictions, the Miller test allowed for variations in standards based on community norms. The ruling had significant implications for the distribution and regulation of sexually explicit material in the United States, providing a legal framework for future obscenity cases.

Why Does it Matter?

The Miller v. California decision is notable for delineating the boundaries of free speech and obscenity in the United States. By establishing a clear test for obscenity, the Supreme Court not only influenced how adult content is regulated but also shaped cultural perceptions regarding morality and expression. The Miller test remains a fundamental standard in evaluating obscenity, impacting the legal landscape for decades. This ruling sparked discussions on artistic expression, censorship, and individual rights amidst shifting societal views on sexuality and media.

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