Miller v. California

In Miller v. California, the U.S. Supreme Court said prurient appeal and patent offensiveness should be judged by

Group of answer choices

national standards.

reasonable-child standards.

reasonable-person standards.

local standards.

local standards.

The Supreme Court established a three-part test for obscenity in Miller v. California. Which of the following is NOT one of the three parts of that test?

Group of answer choices

Whether the work includes still or moving photos of people engaged in sex acts.

Whether the dominant theme of the work appeals to the prurient interest of the average adult.

Whether the work lacks serious literary, political, artistic or scientific value.

Whether the work is patently offensive in the way it depicts or describes sexual or excretory organs or functions.

Whether the work includes still or moving photos of people engaged in sex acts.

In Miller v. California, the Supreme Court gave examples of things that might be patently offensive for purposes of an obscenity prosecution. Which of the following is NOT one of them?

Group of answer choices

Depictions of people engaged in sex acts, actual or simulated.

Graphic depictions of people being murdered.

Lewd exhibitions of the genitals.

Depictions of people masturbating.

Graphic depictions of people being murdered.

The majority opinion in Miller v. California explicitly rejected the requirement that in order for a work to be considered obscene it had to

Group of answer choices

lack serious literary, artistic, political or scientific value.

contribute to the subordination of women.

include graphic representations of people engaged in sex acts.

be utterly without redeeming social value.

be utterly without redeeming social value.

Who delivered the opinion of the Court in Miller?

Chief Justice Burger

What did Miller do that led to his conviction?

He sent unsolicited mass-mail ads for explicit adult books and films.

Under which law was Miller convicted?

California’s criminal obscenity statute

What was the key constitutional question in Miller?

How to define “obscenity” that is not protected by the First Amendment

Which two prior cases were central to Miller’s context?

Roth v. United States (1957) and Memoirs v. Massachusetts (1966)

What did Roth v. United States establish?

Obscene material is not protected by the First Amendment.

What was the major problem with the Memoirs v. Massachusetts test?

It required proving the material was “utterly without redeeming social value,” which was almost impossible to prove.

What three-part test did the Supreme Court establish in Miller?

1) Appeals to prurient interest, 2) Patently offensive sexual conduct, 3) Lacks serious literary, artistic, political, or scientific value

How does Miller define “prurient interest”?

Whether the average person, using contemporary community standards, finds the work appeals to shameful or morbid sexual interest

What does “patently offensive” mean under Miller?

Sexual conduct depicted or described in a way that is obviously offensive according to state law

What does “LAPS value” stand for in the Miller test?

Literary, Artistic, Political, or Scientific value

Does a work need to be “utterly without value” to be considered obscene after Miller?

No, it only needs to lack serious LAPS value.

Can states apply their own community standards to determine obscenity?

Yes, national standards are not required.

What types of materials are explicitly regulable under Miller?

Hardcore sexual conduct, lewd displays of genitals, masturbation, excretory functions

Are works with serious educational or artistic value protected even if sexually explicit?

Yes

What does the Miller ruling protect unwilling recipients from?

Exposure to obscene materials via unsolicited distribution

What role do juries play under the Miller test?

They decide based on local community standards whether material is obscene

What was Justice Brennan’s main dissent argument?

No workable definition of obscenity exists; regulating it always threatens First Amendment freedoms

What is the main legacy of Miller v. California?

It established a practical standard for defining obscenity that balances state regulation with First Amendment protections

Why did the Court reject the “Memoirs test” in Miller?

Because requiring proof that material is “utterly without redeeming social value” was unworkable and nearly impossible to prove.

How does Miller distinguish between protected and unprotected speech?

Speech with serious literary, artistic, political, or scientific value is protected; commercial exploitation of hardcore sexual material without such value is not protected.