Miller v. California (1973) PDF

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● Preview attachment Miller v California.pdfMiller v California.pdf331 KB ● Marvin Miller v. State of California (1973) Facts: ○ Parties: ■ Plaintiff: Marvin Miller ■ Defendant: State of California ○ Miller mass mailed sexually explicit materials which is in violation of California statute Procedural Posture: ○ ○ Appellate Superior Court of California, County of Orange, affirmed and defendant appealed. Issue(s): ○ Is distribution of obscene material protected under the First Amendment? ○ Is test for obscenity from Memoirs v. Massachusetts unconstitutional? Holding: ○ Is distribution of obscene material protected under the First Amendment? (No) ○ Is test for obscenity from Memoirs v. Massachusetts unconstitutional? (Yes) Rationale: ○ Mr. Chief Justice Burger delivered the opinion of the Court ○ Court reaffirmed that obscene material is not protected by the First Amendment under Roth v. United States. ○ Supreme Court rejected the standard for obscenity as a constitutional standard from Memoirs v. Massachusetts, which was ‘utterly without redeeming social value’ ○ Recognized that the state had a legitimate interest in preventing exposure to juveniles ○ Also recognized that there was no need to have a ‘national standard’ and will leave it up to the community...