Monday, April 25, 2011

Miller v. California

After Miller was arrested for sending out unrequested mailings with obscene images, he stated that his First Amendment was being violated. In a 5 to 4 ruling, the Supreme Court voted against Miller stating that the First Amendment does not protect materials that are considered obscene.

I agree with the court's decision that obscene images are not protected under the First Amendment. Any citizen should not be subject to obscene materials that they do not want to view. The Supreme Court made the right decision in allowing local powers to choose what it obscene or not. As Chief Justice Warren Burger wrote, "It is neither realistic nor constitutionally sound to read the First Amendment as requiring that the people of Maine or Mississippi accept public depiction of conduct found tolerable in Las Vegas or New York City."

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