Preview

The Case Miller V. California

Good Essays
Open Document
Open Document
329 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
The Case Miller V. California
The case Miller v. California (1973) was determined by the Supreme Court, which redefined the meaning of obscenity. The word obscene is hard to define and could be seen as
“You will know it when you see it.” The Miller case determined if something was obscene, the average person, applying the standards must find the entire work, as obscene, the work depicts offensive sexual conduct defined by state law, and that the work as a whole lacks literary, artistic, political, or scientific value. Marvin Miller, owned and operated a mail order pornography business out of California, which he applied to distribute pornographic books, folders, and photographs. Miller sent out tons of pornographic material to citizens of California. The majority of

You May Also Find These Documents Helpful

  • Good Essays

    In the case of Smith v. United States, the plaintiff, John Angus Smith, was convicted of engaging in drug-trafficking, which would have granted him a five year sentence had he not “used” a firearm in regards to the incident. As stated in statute 924(c)(1), the use of firearm in relations to a drug-trafficking crime enhanced the sentence, and turned it into a 30-year sentence. The argument at hand is whether the term “use” was to be taken from a broad dictionary definition or in the ordinary meaning. The majority of the court argued that the term “use” should not be limited to the intended use of the firearm (as a weapon) as they exemplified cases of which the firearm was used as a bludgeon even though that was not it’s intended purpose, yet…

    • 409 Words
    • 2 Pages
    Good Essays
  • Good Essays

    In the case US v. Calandra (1974), Calandra was being questioned by the federal grand jury about loan sharking business. The reason the jury was asking these question were based on the evidence obtained at his company. Calandra didn’t want to answer any questions because he felt that the search of the company was an unlawful search and that it violated his fourth amendment exclusionary rule. The refusal to answer the grand jury, was what was being question about this case. Calandra felt like because of the exclusionary rule unde0r the fourth amendment he didn’t have to answer but he was wrong. The supreme court held that the exclusionary rule was only applicable in criminal courts and was not meant to be seen as a right but as a way to reduce unreasonable searches and seizures conducted by police ("Oyez: US v. Calandra," n.d.).…

    • 1275 Words
    • 6 Pages
    Good Essays
  • Satisfactory Essays

    What is the difference between lawful trickery and unlawful coercion according to the 1990 Supreme Court decision in Illinois v. Perkins?…

    • 293 Words
    • 2 Pages
    Satisfactory Essays
  • Good Essays

    Miller v. Bud

    • 458 Words
    • 2 Pages

    Target for Lite (1970): 21-34 year old males with blue-collar occupations, who were the heavy users of the beer category…

    • 458 Words
    • 2 Pages
    Good Essays
  • Satisfactory Essays

    Branzburg v. Hayes was the only ever supreme court case to deal with reporter’s privilege. The ruling of this case was that reporter’s had no right to hide their sources in a court case. The chief justice at the time,Warren Burger, made a point that reporters, “like other citizens, [must] respond to relevant questions put to them in the course of a valid grand jury investigation or criminal trial (Fargo,2010).” With a decision that was five for and four against, this case was not an open and shut many thought it to be. Calling into play a look at the first amendment and what it really means when it says the freedom of speech. Interpreting a document that is more than two hundred years old is not an easy task to accomplish, having to combine…

    • 165 Words
    • 1 Page
    Satisfactory Essays
  • Powerful Essays

    Before 2004, courthouses and other public buildings differed from how they are today. There was one thing that these buildings did not have, a handicapped entrance. At this time, it could be very embarrassing to be handicapped because you could do nothing for yourself. If you wanted to enter a public building, you had to ask someone to carry you in, or even worse, you might have to crawl up stairs to enter! This was a definite problem that had been around for years, however, no one addressed it.…

    • 1499 Words
    • 6 Pages
    Powerful Essays
  • Good Essays

    Missouri v McNeely

    • 483 Words
    • 2 Pages

    A Missouri police officer stopped Tyler McNeely after observing it exceeding the posted speed limit and repeatedly crossing the center line. The officer noticed McNeely’s bloodshot eyes, his slurred speech, and a smell of alcohol on his breath. McNeely performed poorly on a battery of field sobriety tests, and he declined to take a Breathalyzer test. When McNeely indicated he refuse a breath sample for testing, the officer took him to a nearby hospital for blood alcohol test. The officer explained to McNeely that under Missouri’s implied consent law, refusal to submit voluntarily to the blood test would lead to an immediate one-year suspension of his driver’s license and could be used against him in any future prosecution. The testing of the blood indicated that the blood alcohol level was significantly above the legal limit. McNeely had challenged the blood test evidence claiming that there should have been a search warrant before ordering a blood sample.…

    • 483 Words
    • 2 Pages
    Good Essays
  • Good Essays

    Terry V. Ohio Case Study

    • 437 Words
    • 2 Pages

    Martin McFadden was a police officer in Ohio who noticed that two individuals appeared to be acting suspiciously. While watching these people from his police car, Officer McFadden noticed that these two men appeared to be planning a criminal attack. The two men were walking back and forth in front of a store while conspiring with each other. When McFadden approached the two men and identified himself as a law enforcement officer, he walked them down the street and frisked them for weapons or illegal drugs. When searching the men, Officer McFadden found a handgun. The individuals were taken into police custody and charged with carrying a concealed weapon.…

    • 437 Words
    • 2 Pages
    Good Essays
  • Good Essays

    The case of Muller vs. Oregon was a landmark court case that took place in 1908. The major issue…

    • 1033 Words
    • 5 Pages
    Good Essays
  • Good Essays

    In 1976, the California Supreme Court ruled that psychotherapists have a duty to warn and protect potential victims if their patients made threats or otherwise behaved as if they presented a serious danger of violence to another. This ruling happened because of the Tarasoff Case of 1969, in which the court determined the need for therapists to protect the public was more important than protecting patient-therapist confidentiality. (Vitelli 1)…

    • 615 Words
    • 3 Pages
    Good Essays
  • Good Essays

    Mcculloch V. Maryland

    • 470 Words
    • 2 Pages

    In many ways, the opinion in this case represents a final step in the creation of…

    • 470 Words
    • 2 Pages
    Good Essays
  • Satisfactory Essays

    The first amendment gives American citizen's the right to free speech, and in Brownmiller's opinion the nation abuses that right. Obscenity laws have been in place since the early seventies, but according to Brownmiller, the Court has ruled sexually explicit content not obscene many times throughout history.…

    • 323 Words
    • 2 Pages
    Satisfactory Essays
  • Good Essays

    In this case, Brown contends that he had a firm constitutional right to stand up and support Jennings if he so chose to. As with any Constitutional right, this right must be allowed except when it begins to interfere and infringe on the ability of educators to safely and effectively carry out their duties to other students. Brown v. Cabell, 598.…

    • 656 Words
    • 3 Pages
    Good Essays
  • Better Essays

    The right to freedom of speech came under scrutiny in the case of John D. Ashcroft, Attorney General, et al. versus Free Speech Coalition, et al. in 2002. In this case, the U.S. Supreme Court affirmed the Ninth Circuit's judgment against the plaintiff’s broader definition of pornography in enacting the Child Pornography Prevention Act of 1996. This broader definition, the court finds it in contravention with the First Amendment. The Ninth Circuit reasoned that the definition of banning any depiction of pornographic materials, including films that Congress adds on the Child Pornography Prevention Act of 1996 was overboard and as such violated the First Amendment. Supreme Court Justice Anthony M. Kennedy wrote: "First Amendment freedoms are most in danger…

    • 1615 Words
    • 7 Pages
    Better Essays
  • Good Essays

    Mathew Fraser Speech

    • 772 Words
    • 4 Pages

    Mathew speech contained sexual references and implications, but he was not intending to be offensive. The Washington Supreme Court agreed with Mathew’s parents that his free speech rights had been violated. The school board then went to the U.S supreme court and appealed.…

    • 772 Words
    • 4 Pages
    Good Essays