miller
california
argued
november
decided
june
appellant
convicted
mailing
unsolicited
sexually
explicit
material
violation
california
statute
approximately
incorporated
obscenity
test
formulated
memoirs
massachusetts
plurality
opinion
trial
instructed
jury
evaluate
materials
contemporary
community
standards
california
appellant
conviction
affirmed
appeal
lieu
obscenity
criteria
enunciated
memoirs
plurality
held
obscene
material
protected
first
amendment
roth
reaffirmed
work
may
subject
state
regulation
work
taken
whole
appeals
prurient
interest
sex
portrays
patently
offensive
way
sexual
conduct
specifically
defined
applicable
state
law
taken
whole
serious
literary
artistic
political
scientific
value
pp
basic
guidelines
trier
fact
must
whether
average
person
applying
contemporary
community
standards
find
work
taken
whole
appeals
prurient
interest
roth
supra
whether
work
depicts
describes
patently
offensive
way
sexual
conduct
specifically
defined
applicable
state
law
whether
work
taken
whole
lacks
serious
literary
artistic
political
scientific
value
state
obscenity
law
thus
limited
first
amendment
values
adequately
protected
ultimate
independent
appellate
review
constitutional
claims
necessary
pp
test
utterly
without
redeeming
social
value
articulated
memoirs
supra
rejected
constitutional
standard
pp
jury
may
measure
essentially
factual
issues
prurient
appeal
patent
offensiveness
standard
prevails
forum
community
need
employ
national
standard
pp
burger
delivered
opinion
white
blackmun
powell
rehnquist
joined
douglas
filed
dissenting
opinion
post
brennan
filed
dissenting
opinion
stewart
marshall
joined
post
burton
marks
reargued
cause
filed
brief
appellant
michael
capizzi
reargued
cause
appellee
brief
cecil
hicks
samuel
rosenwein
wirin
fred
okrand
laurence
sperber
melvin
wulf
joel
gora
filed
brief
american
civil
liberties
union
southern
california
et
al
amici
curiae
urging
reversal
chief
justice
burger
delivered
opinion
one
group
cases
reviewed
standards
enunciated
earlier
cases
involving
justice
harlan
called
intractable
obscenity
problem
interstate
circuit
dallas
concurring
dissenting
appellant
conducted
mass
mailing
campaign
advertise
sale
illustrated
books
euphemistically
called
adult
material
jury
trial
convicted
violating
california
penal
code
misdemeanor
knowingly
distributing
obscene
matter
appellate
department
superior
california
county
orange
summarily
affirmed
judgment
without
opinion
appellant
conviction
specifically
based
conduct
causing
five
unsolicited
advertising
brochures
sent
mail
envelope
addressed
restaurant
newport
beach
california
envelope
opened
manager
restaurant
mother
requested
brochures
complained
police
brochures
advertise
four
books
entitled
intercourse
sex
orgies
illustrated
illustrated
history
pornography
film
entitled
marital
intercourse
brochures
contain
descriptive
printed
material
primarily
consist
pictures
drawings
explicitly
depicting
men
women
groups
two
engaging
variety
sexual
activities
genitals
often
prominently
displayed
case
involves
application
state
criminal
obscenity
statute
situation
sexually
explicit
materials
thrust
aggressive
sales
action
upon
unwilling
recipients
way
indicated
desire
receive
materials
recognized
legitimate
interest
prohibiting
dissemination
exhibition
obscene
material
mode
dissemination
carries
significant
danger
offending
sensibilities
unwilling
recipients
exposure
juveniles
stanley
georgia
ginsberg
new
york
interstate
circuit
dallas
supra
redrup
new
york
jacobellis
ohio
see
rabe
washington
burger
concurring
reidel
opinion
marshall
joseph
burstyn
wilson
breard
alexandria
kovacs
cooper
prince
massachusetts
cf
butler
michigan
public
utilities
pollak
context
called
define
standards
must
used
identify
obscene
material
state
may
regulate
without
infringing
first
amendment
applicable
fourteenth
amendment
dissent
justice
brennan
review
background
obscenity
problem
since
undertakes
formulate
standards
concrete
past
useful
us
focus
two
landmark
cases
somewhat
tortured
history
obscenity
decisions
roth
sustained
conviction
federal
statute
punishing
mailing
obscene
lewd
lascivious
filthy
materials
key
holding
rejection
claim
obscene
materials
protected
first
amendment
five
justices
joined
opinion
stating
ideas
even
slightest
redeeming
social
importance
unorthodox
ideas
controversial
ideas
even
ideas
hateful
prevailing
climate
opinion
full
protection
first
amendment
guaranties
unless
excludable
encroach
upon
limited
area
important
interests
implicit
history
first
amendment
rejection
obscenity
utterly
without
redeeming
social
importance
judgment
expressed
chaplinsky
new
hampshire
certain
narrowly
limited
classes
speech
prevention
punishment
never
thought
raise
constitutional
problem
include
lewd
obscene
well
observed
utterances
essential
part
exposition
ideas
slight
social
value
step
truth
benefit
may
derived
clearly
outweighed
social
interest
order
morality
emphasis
roth
opinion
hold
obscenity
within
area
constitutionally
protected
speech
press
footnotes
omitted
elaborated
subsequent
cases
three
elements
must
coalesce
must
established
dominant
theme
material
taken
whole
appeals
prurient
interest
sex
material
patently
offensive
affronts
contemporary
community
standards
relating
description
representation
sexual
matters
material
utterly
without
redeeming
social
value
judicial
erred
holding
book
need
unqualifiedly
worthless
deemed
obscene
book
proscribed
unless
found
utterly
without
redeeming
social
value
emphasis
original
apart
initial
formulation
roth
case
majority
given
time
able
agree
standard
determine
constitutes
obscene
pornographic
material
subject
regulation
police
power
see
redrup
new
york
seen
variety
views
among
members
unmatched
course
constitutional
adjudication
interstate
circuit
dallas
harlan
concurring
dissenting
omitted
remarkable
area
freedom
speech
press
courts
must
always
remain
sensitive
infringement
genuinely
serious
literary
artistic
political
scientific
expression
area
eternal
verities
case
review
tried
theory
california
penal
code
approximately
incorporates
memoirs
test
supra
memoirs
test
abandoned
unworkable
author
member
today
supports
memoirs
formulation
ii
much
categorically
settled
obscene
material
unprotected
first
amendment
kois
wisconsin
reidel
roth
supra
first
fourteenth
amendments
never
treated
absolutes
omitted
breard
alexandria
cases
cited
see
times
film
chicago
joseph
burstyn
wilson
acknowledge
however
inherent
dangers
undertaking
regulate
form
expression
state
statutes
designed
regulate
obscene
materials
must
carefully
limited
see
interstate
circuit
dallas
supra
result
confine
permissible
scope
regulation
works
depict
describe
sexual
conduct
conduct
must
specifically
defined
applicable
state
law
written
authoritatively
construed
state
offense
must
also
limited
works
taken
whole
appeal
prurient
interest
sex
portray
sexual
conduct
patently
offensive
way
taken
whole
serious
literary
artistic
political
scientific
value
basic
guidelines
trier
fact
must
whether
average
person
applying
contemporary
community
standards
find
work
taken
whole
appeals
prurient
interest
kois
wisconsin
supra
quoting
roth
supra
whether
work
depicts
describes
patently
offensive
way
sexual
conduct
specifically
defined
applicable
state
law
whether
work
taken
whole
lacks
serious
literary
artistic
political
scientific
value
adopt
constitutional
standard
utterly
without
redeeming
social
value
test
memoirs
massachusetts
concept
never
commanded
adherence
three
justices
one
time
see
supra
state
law
regulates
obscene
material
thus
limited
written
construed
first
amendment
values
applicable
fourteenth
amendment
adequately
protected
ultimate
power
appellate
courts
conduct
independent
review
constitutional
claims
necessary
see
kois
wisconsin
supra
memoirs
massachusetts
supra
harlan
dissenting
jacobellis
ohio
harlan
dissenting
new
york
times
sullivan
roth
supra
harlan
concurring
dissenting
emphasize
function
propose
regulatory
schemes
must
await
concrete
legislative
efforts
possible
however
give
plain
examples
state
statute
define
regulation
part
standard
announced
opinion
supra
patently
offensive
representations
descriptions
ultimate
sexual
acts
normal
perverted
actual
simulated
patently
offensive
representations
descriptions
masturbation
excretory
functions
lewd
exhibition
genitals
sex
nudity
may
exploited
without
limit
films
pictures
exhibited
sold
places
public
accommodation
live
sex
nudity
exhibited
sold
without
limit
public
places
minimum
prurient
patently
offensive
depiction
description
sexual
conduct
must
serious
literary
artistic
political
scientific
value
merit
first
amendment
protection
see
kois
wisconsin
supra
roth
supra
thornhill
alabama
example
medical
books
education
physicians
related
personnel
necessarily
use
graphic
illustrations
descriptions
human
anatomy
resolving
inevitably
sensitive
questions
fact
law
must
continue
rely
jury
system
accompanied
safeguards
judges
rules
evidence
presumption
innocence
protective
features
provide
rape
murder
host
offenses
society
individual
members
justice
brennan
author
opinions
plurality
opinions
roth
supra
jacobellis
ohio
supra
ginzburg
mishkin
new
york
memoirs
massachusetts
supra
abandoned
former
position
maintains
formulation
congress
adequately
distinguish
obscene
material
unprotected
first
amendment
protected
expression
paris
adult
theatre
slaton
post
brennan
dissenting
paradoxically
justice
brennan
indicates
suppression
unprotected
obscene
material
permissible
avoid
exposure
unconsenting
adults
case
juveniles
although
gives
indication
division
protected
nonprotected
materials
may
drawn
greater
precision
purposes
regulation
commercial
exposure
consenting
adults
indicate
constitution
finds
authority
distinguish
willing
adult
one
month
past
state
law
age
majority
willing
juvenile
one
month
younger
holdings
announced
today
one
subject
prosecution
sale
exposure
obscene
materials
unless
materials
depict
describe
patently
offensive
hard
core
sexual
conduct
specifically
defined
regulating
state
law
written
construed
satisfied
specific
prerequisites
provide
fair
notice
dealer
materials
public
commercial
activities
may
bring
prosecution
see
roth
supra
cf
ginsberg
new
york
inability
define
regulated
materials
ultimate
precision
altogether
removes
power
congress
regulate
hard
core
pornography
may
exposed
without
limit
juvenile
passerby
consenting
adult
alike
indeed
justice
douglas
contends
justice
douglas
position
see
photographs
black
joined
douglas
dissenting
ginzburg
supra
black
douglas
dissenting
jacobellis
ohio
supra
black
joined
douglas
concurring
roth
supra
douglas
dissenting
belief
however
justice
douglas
stands
alone
justice
brennan
also
emphasizes
institutional
stress
justification
change
view
noting
number
obscenity
cases
docket
gives
ample
testimony
burden
placed
upon
quite
rightly
remarks
examination
contested
materials
hardly
source
edification
members
paris
adult
theatre
slaton
post
also
notes
agree
uncertainty
standards
creates
continuing
source
tension
state
federal
courts
problem
one
say
certainty
material
obscene
least
five
members
applying
inevitably
obscure
standards
pronounced
certainly
true
absence
since
roth
single
majority
view
proper
standards
testing
obscenity
placed
strain
state
federal
courts
today
first
time
since
roth
decided
majority
agreed
concrete
guidelines
isolate
hard
core
pornography
expression
protected
first
amendment
may
abandon
casual
practice
redrup
new
york
attempt
provide
positive
guidance
federal
state
courts
alike
may
easy
road
free
difficulty
amount
fatigue
lead
us
adopt
convenient
institutional
rationale
absolutist
anything
goes
view
first
amendment
lighten
burdens
abnegation
judicial
supervision
field
inconsistent
duty
uphold
constitutional
guarantees
jacobellis
ohio
supra
opinion
brennan
remedy
tension
state
federal
courts
arbitrarily
depriving
power
reserved
constitution
power
enjoyed
exercised
continuously
adoption
first
amendment
day
see
roth
supra
duty
admits
substitute
facing
tough
individual
problems
constitutional
judgment
involved
every
obscenity
case
roth
supra
see
manual
enterprises
day
opinion
harlan
omitted
jacobellis
ohio
supra
opinion
brennan
iii
national
constitution
fundamental
first
amendment
limitations
powers
vary
community
community
mean
fixed
uniform
national
standards
precisely
appeals
prurient
interest
patently
offensive
essentially
questions
fact
nation
simply
big
diverse
reasonably
expect
standards
articulated
single
formulation
even
assuming
prerequisite
consensus
exists
triers
fact
asked
decide
whether
average
person
applying
contemporary
community
standards
consider
certain
materials
prurient
unrealistic
require
answer
based
abstract
formulation
adversary
system
lay
jurors
usual
ultimate
factfinders
criminal
prosecutions
historically
permitted
triers
fact
draw
standards
community
guided
always
limiting
instructions
law
require
state
structure
obscenity
proceedings
around
evidence
national
community
standard
exercise
futility
noted
case
tried
theory
california
obscenity
statute
sought
incorporate
tripartite
test
memoirs
national
standard
first
amendment
protection
enumerated
plurality
correctly
regarded
time
trial
limiting
state
prosecution
controlling
case
law
jury
however
explicitly
instructed
determining
whether
dominant
theme
material
whole
appeals
prurient
interest
determining
whether
material
goes
substantially
beyond
customary
limits
candor
affronts
contemporary
community
standards
decency
apply
contemporary
community
standards
state
california
trial
prosecution
defense
assumed
relevant
community
standards
making
factual
determination
obscenity
state
california
hypothetical
standard
entire
america
defense
counsel
trial
never
objected
testimony
state
expert
community
standards
instructions
trial
judge
statewide
standards
appeal
appellate
department
superior
california
county
orange
appellant
first
time
contended
application
state
rather
national
standards
violated
first
fourteenth
amendments
conclude
neither
state
alleged
failure
offer
evidence
national
standards
trial
charge
jury
consider
state
community
standards
constitutional
errors
nothing
first
amendment
requires
jury
must
consider
hypothetical
unascertainable
national
standards
attempting
determine
whether
certain
materials
obscene
matter
fact
chief
justice
warren
pointedly
commented
dissent
jacobellis
ohio
supra
belief
said
roth
obscenity
defined
reference
community
standards
meant
community
standards
national
standard
sometimes
argued
believe
provable
national
standard
events
able
enunciate
one
unreasonable
expect
local
courts
divine
one
iv
dissenting
justices
sound
alarm
repression
view
equate
free
robust
exchange
ideas
political
debate
commercial
exploitation
obscene
material
demeans
grand
conception
first
amendment
high
purposes
historic
struggle
freedom
misuse
great
guarantees
free
speech
free
press
breard
alexandria
first
amendment
protects
works
taken
whole
serious
literary
artistic
political
scientific
value
regardless
whether
government
majority
people
approve
ideas
works
represent
protection
given
speech
press
fashioned
assure
unfettered
interchange
ideas
bringing
political
social
changes
desired
people
roth
supra
emphasis
added
see
kois
wisconsin
thornhill
alabama
public
portrayal
sexual
conduct
sake
ensuing
commercial
gain
different
matter
evidence
empirical
historical
stern
century
american
censorship
public
distribution
display
material
relating
sex
see
roth
supra
way
limited
affected
expression
serious
literary
artistic
political
scientific
ideas
contrary
beyond
question
era
following
thomas
jefferson
theodore
roosevelt
extraordinarily
vigorous
period
economics
politics
belles
lettres
outlying
fields
social
political
philosophies
see
harsh
hand
censorship
ideas
good
bad
sound
unsound
repression
political
liberty
lurking
every
state
regulation
commercial
exploitation
human
interest
sex
justice
brennan
finds
hard
see
regimentation
minds
ever
forestalled
paris
adult
theatre
slaton
post
brennan
dissenting
doleful
anticipations
assume
courts
distinguish
commerce
ideas
protected
first
amendment
commercial
exploitation
obscene
material
moreover
state
regulation
pornography
make
unavailable
nonadults
regulation
justice
brennan
finds
constitutionally
permissible
elements
censorship
adults
indeed
even
rigid
enforcement
techniques
may
called
dichotomy
regulation
see
interstate
circuit
dallas
one
concede
sexual
revolution
recent
years
may
useful
byproducts
striking
layers
prudery
subject
long
irrationally
kept
needed
ventilation
follow
regulation
patently
offensive
hard
core
materials
needed
permissible
civilized
people
allow
unregulated
access
heroin
derivative
medicinal
morphine
sum
reaffirm
roth
holding
obscene
material
protected
first
amendment
hold
material
regulated
subject
specific
safeguards
enunciated
without
showing
material
utterly
without
redeeming
social
value
hold
obscenity
determined
applying
contemporary
community
standards
see
kois
wisconsin
supra
roth
supra
national
standards
judgment
appellate
department
superior
orange
county
california
vacated
case
remanded
proceedings
inconsistent
first
amendment
standards
established
opinion
see
reels
film
post
vacated
remanded
footnotes
defined
obscene
material
material
deals
sex
manner
appealing
prurient
interest
roth
supra
roth
definition
reflect
precise
meaning
obscene
traditionally
used
english
language
derived
latin
obscaenus
ob
plus
caenum
filth
obscene
defined
webster
third
new
international
dictionary
unabridged
disgusting
senses
grossly
repugnant
generally
accepted
notions
appropriate
offensive
revolting
countering
violating
ideal
principle
oxford
english
dictionary
ed
gives
similar
definition
ffensive
senses
taste
refinement
disgusting
repulsive
filthy
foul
abominable
loathsome
material
discussing
case
accurately
defined
pornography
pornographic
material
pornography
derives
greek
porne
harlot
graphos
writing
word
means
description
prostitutes
prostitution
depiction
writing
painting
licentiousness
lewdness
portrayal
erotic
behavior
designed
cause
sexual
excitement
webster
third
new
international
dictionary
supra
pornographic
material
obscene
forms
obscene
expression
whole
least
word
obscene
used
language
note
therefore
words
obscene
material
used
case
specific
judicial
meaning
derives
roth
case
obscene
material
deals
sex
roth
supra
see
also
ali
model
penal
code
obscene
defined
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burger
harlan
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hawaii
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pt
ii
pp
examples
state
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even
religion
crime
chafee
free
speech
justice
brennan
justice
stewart
justice
marshall
join
dissenting
dissent
paris
adult
theatre
slaton
post
decided
date
noted
occasion
consider
extent
state
power
regulate
distribution
sexually
oriented
material
juveniles
offensive
exposure
material
unconsenting
adults
case
us
appellant
convicted
distributing
obscene
matter
violation
california
penal
code
basis
evidence
caused
mailed
unsolicited
brochures
advertising
various
books
movie
need
decide
whether
statute
might
drawn
impose
within
requirements
first
amendment
criminal
penalties
precise
conduct
issue
clear
dissent
paris
adult
theatre
statute
prosecution
brought
unconstitutionally
overbroad
therefore
invalid
face
transcendent
value
society
constitutionally
protected
expression
deemed
justify
allowing
attacks
overly
broad
statutes
requirement
person
making
attack
demonstrate
conduct
regulated
statute
drawn
requisite
narrow
specificity
gooding
wilson
quoting
dombrowski
pfister
see
also
baggett
bullitt
coates
city
cincinnati
white
dissenting
raines
naacp
button
since
view
paris
adult
theatre
represents
substantial
departure
course
prior
decisions
since
state
courts
yet
opportunity
consider
whether
readily
apparent
construction
suggests
vehicle
rehabilitating
statute
single
prosecution
dombrowski
pfister
supra
reverse
judgment
appellate
department
superior
remand
case
proceedings
inconsistent
opinion
see
coates
city
cincinnati
supra
cal
penal
code
provides
every
person
knowingly
sends
causes
sent
brings
causes
brought
state
sale
distribution
state
prepares
publishes
prints
exhibits
distributes
offers
distribute
possession
intent
distribute
exhibit
offer
distribute
obscene
matter
guilty
misdemeanor