Sunday, April 24, 2011

Miller v. California

Miller sent advertisements through the mail to unrequested recipients to promote "adult" books and films.  These adds had offensive sexual material in them that the recipients didn't ask for.  The state found her guilty.  Miller appealed to the Supreme Court saying that she was protected by the first Amendment.  The Supreme Court ruled in favor of California since these people did not ask for the material the recieved.
      The result was arguably sound.  I agree with the Supreme Court, although something did need to be done to assure this sort of thing didn't happen again.  I agree with what Warren Burger did after the ruling, which was state the statutes for regulating this type of material, in order to address what is offensive in the future.  He said material that follows these rules are allowed.  The average person must agree with the content on a community standard; if the work depicts any sexual or offensive material in any way it isn't valid' and it can't lack a serious value.
      The guidelines have been set well for future cases.  There is not a lot of obscene content anywhere from the mail to billboards.  We aren't violated of our rights, and people know that they can't do that.

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