Miller v. California
"The sale and distribution of obscene materials"
The test that the Supreme Court uses to determine if speech is obscene. If it is determined that it is, it is not protected by the First Amendment.
(a) whether "the average person, applying contemporary community standards" would find that the work, taken as a whole, appeals to the prurient interest, [Roth, supra, at 489,]
(b) whether the work depicts or describes, in a patently offensive way, sexual conduct specifically defined by the applicable state law, and
(c) whether the work, taken as a whole, lacks serious literary, artistic, political, or scientific value. If a state obscenity law is thus limited, First Amendment values are adequately protected by ultimate independent appellate review of constitutional claims when necessary.
What This Did
- Allowed the Court to set community standards.
- Established the Miller test, that defines the word 'obscene' in terms of the law.
"Miller v. California." Oyez. Chicago-Kent College of Law at Illinois Tech, n.d. Jan 7, 2016. <https://www.oyez.org/cases/1971/70-73>