Miller v. California
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| Miller v. California | |
|---|---|
| Case name | Miller v. California |
| Argued | March 21, 1973 |
| Decided | June 21, 1973 |
| Citation | 413 U.S. 15 |
| Docket | 71-647 |
| Court | Supreme Court of the United States |
| Majority | Warren E. Burger |
| Joinmajority | William H. Rehnquist; Lewis F. Powell Jr. (parts) |
| Plurality | Harry A. Blackmun |
| Concurrence | Lewis F. Powell Jr. (concurring) |
| Dissent | William O. Douglas; William J. Brennan Jr.; Thurgood Marshall |
| Laws applied | First Amendment to the United States Constitution, California Penal Code |
Miller v. California was a 1973 decision by the Supreme Court of the United States that redefined the constitutional standards for regulating allegedly obscene material. The Court replaced prior tests from Roth v. United States and Memoirs v. Massachusetts with a new three-part standard for obscenity now known as the "Miller test." The decision shaped decades of law concerning pornography, censorship, free speech, and state criminal statutes.
Background
Prior to Miller, major precedents included Roth v. United States (1957), which limited obscenity exclusions under the First Amendment to the United States Constitution, and Memoirs v. Massachusetts (1966), which refined standards using the decisions in Roth v. United States and Jacobellis v. Ohio. Debates over obscenity engaged actors such as Alfred Kinsey, authors like D. H. Lawrence, and organizations including the American Civil Liberties Union and the National Commission on Obscenity and Pornography. Legislative responses occurred at state levels in places such as California and via municipal ordinances in cities like New York City and San Francisco. Cultural controversies involved works by figures such as Henry Miller, James Joyce, and Allen Ginsberg, and intersected with movements including the Sexual Revolution and disputes following the Supreme Court of the United States oral arguments in cases like Stanley v. Georgia.
Facts of the Case
In 1971, Marvin Miller, owner of a mail-order business, conducted a mass mailing of brochures advertising four books of explicit sexual content to recipients in California. One recipient complained to the Moreno v. Baugh? authorities in Orange County, California; Miller was arrested under California Penal Code obscenity provisions. The prosecution cited materials associated with authors and artists whose works had previously been litigated in cases involving James Joyce and D. H. Lawrence. Miller challenged the statute on First Amendment to the United States Constitution grounds; lower courts relied on precedents such as Roth v. United States and Memoirs v. Massachusetts before the case reached the Supreme Court of the United States.
Supreme Court Decision
The Court, led by Chief Justice Warren E. Burger, issued a multipart opinion that narrowed constitutional protections for obscene materials and emphasized local community standards. The plurality and concurring opinions, including influential commentary by Justice Harry A. Blackmun and concurrence by Justice Lewis F. Powell Jr., overruled portions of Memoirs v. Massachusetts and clarified the applicability of Roth v. United States. Dissents by Justices William O. Douglas, William J. Brennan Jr., and Thurgood Marshall argued for broader First Amendment to the United States Constitution protection and warned of chilling effects on artistic works tied to creators like Marquis de Sade and Gustave Flaubert. The judgment remanded for further proceedings consistent with the newly articulated standard.
The Miller Test
The Court articulated a three-part standard to determine obscenity: - whether the average person, applying contemporary community standards, would find that the work, taken as a whole, appeals to prurient interest; - whether the work depicts or describes sexual conduct specifically defined by applicable state law in a patently offensive way; - whether the work, taken as a whole, lacks serious literary, artistic, political, or scientific value.
This test referenced standards related to cases and figures such as Roth v. United States, Memoirs v. Massachusetts, and debates involving literary works by D. H. Lawrence, James Joyce, and Marquis de Sade. The decision emphasized deference to state legislatures like the California State Legislature and to prosecutorial discretion in counties such as Orange County, California and Los Angeles County, California.
Legal and Social Impact
Miller reshaped legal regulation of pornography, affected distribution channels including mail and commercial theaters, and influenced litigation strategies by organizations such as the AIDS advocacy groups and the American Library Association. The ruling triggered legislative action in statehouses in New York (state), Texas, and California and informed municipal ordinances in Philadelphia, Chicago, and San Francisco. Cultural institutions including the Museum of Modern Art, publishers like Random House, and periodicals such as Playboy navigated new risks. Debates implicated public figures including Eliot Spitzer, activists from National Organization for Women, and commentators in outlets like The New York Times and The Washington Post.
Subsequent Jurisprudence and Criticism
Subsequent Supreme Court cases that engaged Miller principles included Freedman v. Maryland, Kaplan v. California, and decisions addressing child pornography such as New York v. Ferber and Ashcroft v. Free Speech Coalition. Critics from academic circles at institutions like Harvard University, Yale University, and Columbia University argued the test's community-standards prong produced inconsistent outcomes across jurisdictions, citing scholars affiliated with Stanford Law School and the University of Chicago. Advocates in organizations like the American Civil Liberties Union and conservative groups such as the Heritage Foundation offered opposing assessments of Miller's effects on civil liberties and public morality. Continuing controversies touch upon online distribution platforms including Amazon (company), Google, and Facebook, and intersect with international comparisons involving the European Court of Human Rights and United Nations human rights instruments.