Miller v. California
- Decided
- October 9, 1973
- Docket
- 70-73
- Status
- Published
- Jurisdiction
- Federal
Cited 3,038 timesNo negative treatment found in this library
What later courts said
- holding that material is not obscene if it has “serious literary, artistic, political, or scientific value” — Griffin v. Bryant (2014)
- holding that the government, to prove obscenity, must establish that the communication “appeals to the prurient interest” and is “patently offensive in light of community standards” — Singson v. Commonwealth (2005)
- holding that inmates do not have a A-0856-22 7 constitutional right to possess obscene material that lacks "serious literary, artistic, political, or scientific value." — Vaughn Simmons v. New Jersey Department of Corrections (2024)
Each line is a later court’s own words about this case, not a summary. Read the opinion before relying on it.
How the opinion begins
Mr. Chief Justice Burger delivered the opinion of the Court.
This is one of a group of “obscenity-pornography” cases being reviewed by the Court in a re-examination of standards enunciated in earlier cases involving what Mr. Justice Harlan called “the intractable obscenity problem.” Interstate Circuit, Inc. v. Dallas, 390 U. S. 676, 704 (1968) (concurring and dissenting).
Appellant conducted a mass mailing campaign to advertise the sale of illustrated books, euphemistically called “adult” material. After a jury trial, he was convicted of violating California Penal Code § 311.2 (a), a misdemeanor, by knowingly distributing obscene matter,[1] [*17] and the Appellate Department, Superior Court of California, County of Orange, summarily affirmed the judgment without opinion. Appellant's conviction was spe [*18] cifically based on his conduct in causing five unsolicited advertising brochures to be sent through the mail in an envelope addressed to a restaurant in Newport Beach, California. The envelope was opened by the manager of the restaurant and his mother. They had not requested the brochures; they complained to the police.
Cite this
Miller v. California, 413 U.S. 15 (1973)Read the full opinion
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