Wednesday, April 20, 2011

Miller V. California

Miller sent out a large amount of explicit pornographic brochures in 1973 and was found guilty of breaking obscenity laws in California. Miller appealed, challenging the state's power to prosecute him despite guarantees of free speech and press under the first amendment. The Supreme Courts voted 5 to 4 on the side of California, stating that Miller's material could harm people. Chief Justice Burger therefore suggested that each state should have diverse regulations on the law, because every state has different tastes. Burger defended himself saying, "this diversity is not to be strangled by the absolutism of imposed uniformity..."
I completely agree with the decision to limit pornography. Seeing porn everywhere would not be in most people's tastes including my self. There has to be a line drawn, specifically where there is obscene material. Although the porn did not directly hurt anyone, it was still serious. The matter crossed the first amendments jurisdiction and California came up top.

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