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Miller v. California
| Miller v. California | |
|---|---|
 | |
| 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| Summary affirmation of jury verdict by Appellate Department, Superior Court of California, County of Orange, was unpublished.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 | |
| |
| 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) | |
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]
- ^ Miller v. California, 413 U.S 15 (S. Ct., 1973).
- ^ Delta, George B. Law of the Internet. Matsuura, Jeffrey H. (Third ed.). New York. ISBN 9780735575592. OCLC 255899673.
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