What is the Miller decision?

Only weapons that have a reasonable relationship to the effectiveness of a well-regulated militia under the Second Amendment are free from government regulation.


What does the Miller standard define?

The Miller Test is the primary legal test for determining whether expression constitutes obscenity. It is named after the U.S. Supreme Court's decision in Miller v. California (1973). The Miller test faced its greatest challenge with online obscenity cases.

What are the 3 parts of the Miller test?

The three-part test asked whether the average person, applying contemporary community standards, would find the work appeals on the whole to prurient interests; describes sexual conduct in a patently offensive way; and lacks any serious literary, artistic, political or scientific value.


What did the Miller case demonstrate?

Miller v. California, 413 U.S. 15 (1973), was a landmark decision of the U.S. Supreme Court modifying its definition of obscenity from that of "utterly without socially redeeming value" to that which lacks "serious literary, artistic, political, or scientific value".

Why is the decision in Miller v California so important?

Established a new definition of obscenity, replacing a standard of lewd materials "utterly without redeeming social value" with one of materials judged to be obscene by "the average person, applying contemporary community standards."


Public Law A - The Miller Case Simplified



Why was US vs Miller important?

Miller was a Second Amendment test case, teed up with a nominal defendant by a district judge sympathetic to New Deal gun control measures. But the Supreme Court issued a surprisingly narrow decision. Essentially, it held that the Second Amendment permits Congress to tax firearms used by criminals.

What was the main issue of Miller v California?

Speech that is obscene and thus lacking First Amendment protection must be without serious literary, artistic, political, or scientific value.

What happened in the US vs Miller case?

The Supreme Court reversed the district court, holding that the Second Amendment does not guarantee an individual the right to keep and bear a sawed-off double-barrel shotgun.


What was Miller found guilty in 1957?

As a result, a judge found Miller guilty of contempt of Congress in May 1957. Miller was sentenced to a fine and a prison sentence, blacklisted, and disallowed a US passport. In August 1958, his conviction was overturned by the court of appeals, which ruled that Miller had been misled by the chairman of the HUAC.

What was the deciding opinion in Miller v. Alabama?

5–4 decision for Evan Miller

The Court held that the Eighth Amendment's prohibition against cruel and unusual punishment forbids the mandatory sentencing of life in prison without the possibility of parole for juvenile homicide offenders.

How do you use the Miller test?

The Miller test for obscenity includes the following criteria: (1) whether 'the average person, applying contemporary community standards' would find that the work, 'taken as a whole,' appeals to 'prurient interest' (2) whether the work depicts or describes, in a patently offensive way, sexual conduct specifically ...


When has the Miller test been used?

The Miller test is the standard used by courts to define obscenity. It comes from the 1973 Supreme Court's 5-4 ruling in Miller v. California, in which Chief Justice Warren Burger, writing for the majority, held that obscene material is not protected by the First Amendment.

What is the primary purpose of the Miller test quizlet?

The Miller test (also called the Three Prong Obscenity Test) is the United States Supreme Court's test for determining whether speech or expression can be labeled obscene, in which case it is not protected by the First Amendment to the United States Constitution and can be prohibited.

What are the Miller factors?

The Miller ruling identified five factors to be considered in determining whether (with discretion) to impose a sentence of life without parole on a juvenile: the juvenile's age and immaturity; family home environment; circumstances of the offense, including the role the juvenile had in the offense and any influence of ...


What are the three guidelines involved in the Miller test for judging obscenity?

According to the Miller Test, something is obscene if it satisfies the following: The average person would find the work to be of prurient interest. The work describes or depicts explicit conduct that is against the applicable state or regional laws. The work lacks political, artistic, scientific, or literary value.

Why is obscenity illegal?

Obscenity is not protected under First Amendment rights to free speech, and violations of federal obscenity laws are criminal offenses. The U.S. courts use a three-pronged test, commonly referred to as the Miller test, to determine if given material is obscene.

Did they find Shane Miller?

Sought by law enforcement officials for more than a year, Miller's body, partially covered by silt on the riverbank, was found Aug. 1 about 1,500 feet east of where investigators found his pickup only days after the killings.


How old was Marilyn Monroe when she married Arthur Miller?

She married her final husband, Arthur Miller, in 1956.

The two met in the early 1950s but didn't get together until both had divorced their partners, per People. When they got married in a little court house in White Plains, New York, Marilyn was 30 and Miller was 40, Today reported.

How did Arthur Miller impact society?

Miller produced many essays over his career in which he expounded his opinions on theater, politics, history and social theory, thus indicating a desire to be not just a playwright, but someone who might shape the direction of American drama, if not America itself.

Why is the decision in Miller v California so important quizlet?

What is the significance of Miller v. California? decision that avoided defining obscenity by holding that community standards be used to determine whether material is obscene in terms of appealing to a "prurient interest" and being "patently" offensive" and lacking in value.


Why is Miller v Johnson important?

Miller v. Johnson, 515 U.S. 900 (1995), was a United States Supreme Court case concerning "affirmative gerrymandering/racial gerrymandering", where racial minority-majority electoral districts are created during redistricting to increase minority Congressional representation.

What was the impact of Miller v Alabama?

Alabama. EJI won a landmark ruling from the Supreme Court striking down mandatory death-in-prison sentences for children.

Why was Miller convicted of contempt?

In 1956 the House Un-American Activities Committee subpoenaed Miller to testify about communist sympathizers in the entertainment industry. Miller refused to name people whom he knew to be “fellow travelers.” He was cited for contempt of Congress and was sentenced to jail, but his conviction was later overturned.


Who won the Miller v California case?

In a 5-to-4 decision, the Court held that obscene materials did not enjoy First Amendment protection.

What did the Miller case demonstrate quizlet?

The Judith Miller case demonstrated which of the following? It is difficult for the government to suppress information that people want to make public.