Sunday, April 24, 2011

Miller v. California

Miller was prosecuted for mailing out large numbers of sexually explicit brochures. The court voted in favor of California in a close 5 to 4 split. His case was appealed to the United States Supreme Court because he believed the first amendment guaranteed his right of free speech and free press. This being one of the first cases of its time, there were few regulations and standards for what could be released to the public. The courts decided to propose three new guidelines for offensive material, as well as leaving the determination of actual tests to local powers.  I believe this was the correct decision for the court to make. I was surprised by the 5-4 split, but I believe those justices were just standing up for the first amendment.
More on the case

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