Presentation on theme: "Miller vs. California By tyler bundies. What freedom was uestioned? Is obscenity protected by the first amendment? Does the first amendment give you the."— Presentation transcript:
What freedom was uestioned? Is obscenity protected by the first amendment? Does the first amendment give you the right distribute pornographic material?
Supreme court ruling The supreme court ruled that obscene materials are not protected by the first amendment
How did the case change the understanding of the constitution The court made its ruling with newly coined “Miller Test” The miller test states that the guild lines for finding material obscene must be: (a) whether "the average person, applying contemporary community standards" would find that the work, taken as a whole, appeals to the prurient interest, [Roth, supra, at 489,](b) whether the work depicts or describes, in a patently offensive way, sexual conduct specifically defined by the applicable state law, and(c) whether the work, taken as a whole, lacks serious literary, artistic, political, or scientific value. If a state obscenity law is thus limited, First Amendment values are adequately protected by ultimate independent appellate review of constitutional claims when necessary.