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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.
The U.S. Supreme Court granted certiorari to Miller because the California statute at issue was based on two previous obscenity precedents that the Court wanted to revisit. Chief Justice Warren Burger believed that the Court's obscenity jurisprudence was misguided and that governments should be given more leeway to ban obscene materials. Burger ...
Roth v. United States, 354 U.S. 476 (1957), along with its companion case Alberts v.California, was a landmark decision of the Supreme Court of the United States which redefined the constitutional test for determining what constitutes obscene material unprotected by the First Amendment. [1]
The phrase was used in 1964 by United States Supreme Court Justice Potter Stewart to describe his threshold test for obscenity in Jacobellis v. Ohio. [1] [2] In explaining why the material at issue in the case was not obscene under the Roth test, and therefore was protected speech that could not be censored, Stewart wrote:
Ginzburg v. United States, 383 U.S. 463 (1966), was a decision by the United States Supreme Court involving the application of the First Amendment to Federal obscenity laws. One of a trio of cases (with Memoirs v. Massachusetts and Mishkin v. New York released on the same day), Ginzburg was part of the Supreme Court's attempt to refine the ...
In all these cases, including in the most recent case in which the Supreme Court reaffirmed the completely court-manufactured obscenity exception—it's an old decision that goes back to 1973, but ...
The 1965 U.S. Supreme Court case Freedman v. Maryland ruled that prior restraint of film exhibition without a court order was unconstitutional, leading to the end of most state and local film censorship boards. Current laws that can be enforced after the fact are limited by the definition of "obscene" in the 1973 U.S. Supreme Court decision ...
In 2008, the U.S. Court of Appeals for the 4th Circuit considered the case of a Virginia man, Dwight Whorley, who was charged with violating the PROTECT Act by "knowingly receiving on a computer ...