Miller test - Wikipedia
The Miller test, also called the three-prong obscenity test, is the United States Supreme Court's test for determining whether speech or expression can be labeled obscene, in which case it is not protected by the First Amendment to the United States Constitution and can be prohibited.
Miller Test | The First Amendment Encyclopedia
2018年1月1日 · The Miller Test is the primary legal test for determining whether expression constitutes obscenity. It is named after the U.S. Supreme Court’s decision in Miller v. California (1973). Justice Burger outlined guidelines for jurors in obscenity cases.
Citizen's Guide To U.S. Federal Law On Obscenity
2023年8月11日 · The U.S. Supreme Court established the test that judges and juries use to determine whether matter is obscene in three major cases: Miller v. California , 413 U.S. 15, 24-25 (1973); Smith v. United States , 431 U.S. 291, 300-02, 309 (1977); and Pope v.
obscenity | Wex | US Law | LII / Legal Information Institute
Obscenity laws are concerned with prohibiting lewd, or extremely offensive words or pictures in public. All fifty states have individual laws controlling obscene material. Obscenity is evaluated by federal and state courts alike using a three-part test established by Miller v. California.
The Miller test is the national standard for determining whether material is legally “obscene” in the United States. The test is named after the 1973 case during which it was developed, Miller v. California. Prior to the Miller case, obscenity standards were vaguer and more inconsistent.
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Miller, after conducting a mass mailing campaign to advertise the sale of "adult" material, was convicted of violating a California statute prohibiting the distribution of obscene material. Some unwilling recipients of Miller's brochures complained to the police, initiating the legal proceedings.
Miller v. California, 413 U.S. 15 (1973) - Justia US Supreme Court …
Syllabus. Appellant was convicted of mailing unsolicited sexually explicit material in violation of a California statute that approximately incorporated the obscenity test formulated in Memoirs v. Massachusetts, 383 U. S. 413, 383 U. S. 418 (plurality opinion).
Miller Test Used for Defining Obscenity in U.S. Courts
2019年3月29日 · The Miller test is the standard used by courts to define obscenity. It comes from the 1973 Supreme Court's 5-4 ruling in Miller v. California, in which Chief Justice Warren Burger, writing for the majority, held that obscene material is not protected by the First Amendment.
Miller v. California (1973) | The First Amendment Encyclopedia
2009年1月1日 · In Miller v. California, 413 U.S. 15 (1973), the Supreme Court upheld the prosecution of a California publisher for the distribution of obscene materials. In doing so, it established the test used to determine whether expressive materials cross the line into unprotected obscenity.
Miller v. California - Wikipedia
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]