Miller v. California

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Miller v. California
Court Supreme Court of the United States
Citation
Date decided June 21, 1973
Distinguished by
New York v. Ferber
United States v. Williams (2008)
Followed by
Ashcroft v. Free Speech Coalition
Roth v. United States

Holding

Simply appealing to a person's prurient interest doesn't make a content obscene.

Reasons

SCOTUS majority announced, an obscenity must

  1. portray sexual conduct in a patently offensive way,
  2. have no serious literary, artistic, political, or scientific value.

Rule

Miller test