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The Miller ruling, and particularly the resulting Miller test, was the Supreme Court's first comprehensive explication of obscene material that does not qualify for First Amendment protection and thus can be banned by governmental authorities. Furthermore, due to the three-part test's stringent requirements, very few types of content can now be ...
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. [1] [2]
The Supreme Court of the United States' rulings concerning obscenity in the public square have been unusually inconsistent. Though First Amendment free speech protections have always been taken into account, both Constitutional interpretationalists and originalists have limited this right to account for public sensibilities.
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 proposal seems to conflict with a Supreme Court ruling against laws ... or scientific value," dispensing with the other two prongs of the obscenity test. In 2008, the U.S. Court of Appeals ...
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 ...
The U.S. Supreme Court is hearing a case on a abortion case that ... oversight and the resuscitation of an 1873 anti-obscenity law. ... ruling was put on hold while the Supreme Court considers 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 ...