Miller Vs.California Essay, Research Paper
Miller v. California
A recurring problem that we have here in the United States is how to define obscenity and to answer the question is the material containing the obscenity protected the First Amendment, stating the freedom of the press provision. Finally one day the Supreme Courts ruled that obscene works are not protect by the constitution but that ruling only caused more problems. How are we to decide whether or not something is obscene; everyone is going to have their own opinion based upon their own values.
In 1973 a case came along that finally forced the Supreme Court to create standards that define if something is obscene or not. The case was Miller v. California, 413 U.S. 15. No. 70-73. Miller, after conducting a mass mailing campaign to advertise the sale of “adult” material, was convicted of violating a California statue prohibiting the distribution of obscene material. These brochures themselves primarily contained explicit pictures of men and women engaging in several different sexual acts. Some unwilling recipients of Miller s mail complained about the brochures to the police which led to his arrest and the ever so important legal proceeding.
The panel of judges, after hearing the case, ruled in a five to four favor to convict Miller of sending the obscene mail. Chief Justice Burger then modified the current test for obscene material by producing three guidelines:
1. An average person, applying to contemporary community standards must find the work, taken as a whole, has a tendency to excite lustful thoughts.
2. The work depicts sexual conduct in a patently way.
3. The work as a whole lacks serious literary, artistic, political, or scientific value.
Finally, the new Miller test also made it clear that obscenity was not to be judged on a national standard because creating one would be simply impossible. They found that it could only be done on a community-to-community standard to be effectively applied.
From this case we came up with the new standard stating that obscene material is not protected by the First Amendment and we came up with a way to define obscene material. First, only “hard-core” material could be prohibited. Second, the material must not posses any “serious value.” Third, material is to be judged on a community-to-community basis. The Miller criteria today still remains the constitutional test for obscenity.
Другие работы по теме:
Homework As Child Abuse Essay Research Paper
Homework as Child Abuse Reeva Miller Homework is superfluous, unnecessary and demoralizing to children, the author,Reeva Miller believes. This article, written in this week s issue of New York Teacher (City Edition), talksabout the many disadvantages homework has on children. She states that she neverenjoyed doing homework and her children (a doctor and a novelist) never got anythingproductive out of this daunting task.
The Crucible Essay Research Paper The production
The Crucible Essay, Research Paper The production of THE CRUCIBLE by Arthur Miller had many high points of suspense and action. Mainly involving the trials and tribulations of John Proctor. Mr. Philip G. Hill’s view of Miller’s THE CRUCIBLE is strong; emotion filled and does an excellent job of summarizing this classic production.
Deathofasalesman Essay Research Paper Through the character
Deathofasalesman Essay, Research Paper Through the character Charley, Arthur Miller illustrates how the American Dream may be achieved through hard work. To Charley, the American Dream is having a comfortable life and putting his son Bernard through college. Charely worked consistently throughout his life, never trying to shoot for too high hopes.
The Crucible Essay Research Paper Abigail Williams
The Crucible Essay, Research Paper Abigail Williams portrays Miller’s affair with the inner voice and guilt. Arthur Miller saw guilt as a habit of mind capable of being over come. It is seen in Abigail who exhausts her conscience to get herself out of trouble by accusing Tituba, and then to seek revenge on the adults who make her life miserable.
Glen Miller Essay Research Paper When Glenn
Glen Miller Essay, Research Paper When Glenn Miller was born on March 1, 1904 in Clarinda, Iowa, he was to become one of the greatest musician, and songwriters in all of history. He was born into a friendly, caring, middle-class family. His family greatly supported all of his
Crucible By Miller Essay Research Paper John
Crucible By Miller Essay, Research Paper John Proctor was the main character in the play The Crucible, written by Arthur Miller. Will the truth set you free? In Proctor?s case of choosing truth over
Crucible 2 Essay Research Paper It is
Crucible 2 Essay, Research Paper It is more noble to die with integrity than it is to compromise one s principle in order to live. —– Danforth: I say, will you confess yourself, Goody Nurse? Rebecca: Why it is a lie, it is a lie;; how may I damn myself? I cannot, I cannot. —–Arthur Miller s, The Crucible, was a play with many themes.
Crucible Salem Episode Essay Research Paper The
Crucible Salem Episode Essay, Research Paper The Crucible The Salem witch-trials, are an historic event that occurred during the Puritan era. It was the witch-trials that decided the fate of so many of the
The Crucible Essay Research Paper ARTHUR MILLER 2
The Crucible Essay, Research Paper ARTHUR MILLER, SALEM AND COMMUNISM In this paper I am going to talk about the relations between the Salem witch trials and the Cold War. Covering this with evidence and facts about the theme. I think that this is a fair comparison and is very interesting what they have in common.
A Salesmans Death Essay Research Paper An
A Salesmans Death Essay, Research Paper An Analysis of Arthur Miller’s Death of a Salesman When people accept an ideal to live by it can be a glorious and noble thing unless they become so obsessed with the ideal that it becomes a yolk and they are unable to realize their dream. This is especially true for Arthur Miller’s play Death of a Salesman.
Review For A Canticle For Leibowitz Essay
, Research Paper A Canticle for Leibowitz Walter M. Miller, Jr.’s A Canticle for Leibowitz treats religion very differently than does most science fiction. Miller’s Brother Francis is charged with discovering the meaning of faith and God in the wake of total nuclear destruction. The particular religion extent in Miller’s future is the venerable Catholic Church, an institution that has survived near-annihilation before.
Saving Private Ryan Essay Research Paper Captain
Saving Private Ryan Essay, Research Paper Captain John H. Miller John H. Miller, played by Tom hanks in the outstanding Spealburg production Saving Private Ryan, was the captain of the American Army. Miller is truly a complex and mysterious character portrayed by his unwillingness and uneasiness when discussing his past.
Willy Loman The Modern Tragic Hero Essay
, Research Paper A tragic hero is known to be the protagonist who causes his own downfall, is seen as greater than the average man, and is aware of his misfortune. In Arthur Miller?s Death of
The Miller And The Reeve- As Corrupt
As They’ll Ever Be Essay, Research Paper “The Miller?s Tale” and “The Reve?s Tale” from The Canterbury Tales are very closely related. They both deal with the relationship between a jealous man, his wife, and a young scholar(s), and they both are immoral stories that contain sex and violence. This proves that the Miller and the Reeve are two very corrupt individuals.
Deciet And Trickery In The Canterbury Tales
Essay, Research Paper Deceit and Trickery in the Canterbury Tales In Geoffrey Chaucer’s Canterbury Tales, the reader is introduced to the tales of the miller and the reeve, which are both written in the fabliau genre. Both the Miller’s Tale and the Reeve’s Tale demonstrate quick, snappy endings that entertain the audience.
Interesting Facts Of The Crucible Essay Research
Paper Pennee Eagatatt November 22, 2000 English III The Interesting Facts of The Crucible Was The Crucible, by Arthur Miller, just an “irrational fear?” (Arthur Miller’s The Crucible: Fact & Fiction Par.1). The panic of Communism during the Cold War and Senator Joseph McCarthy’s anti-communist hearings on February 3, 1953 led to this “irrational fear.” There are several major differences from the true version of the story and Miller’s version.
Daisy Miller Essay Research Paper I have
Daisy Miller Essay, Research Paper I have noticed several postings I would like to comment on in addition to adding my own little spin to this discussion. I believe Daisy was simply acting
A View From A Bridge Essay Research
Paper When Arthur Miller writes a play, he tries to develop a modern tragedy. Miller successfully depicts a tragic hero in his play A View From the Bridge in the character Eddie Carbone.
The True Authority
– The Crucible Essay, Research Paper Picture what it would be like to go back in the days of the Puritans. The people you’d expect to see would be kind, honest, religious and in every way ethical because that’s how a Puritan should be. Although there were many good Puritans, you’d turn around to see that some were deceiving, vindictive, dishonest, and disloyal.
Miller Spring Essay Essay Research Paper Miller
Miller Spring Essay Essay, Research Paper Miller Springs Essay My science class and I went to Miller Springs to learn about sediments and nature a few days ago. The good and bad sides of the trip I will explain below.
Captain John Miller Essay Research Paper Captain
Captain John Miller Essay, Research Paper Captain John Miller The character Captain John Miller in the movie “Saving Private Ryan” played by Tom Hanks represents the ideal soldier in a time of great despair. He shows courage and bravery throughout every scene. His troops will not disagree with him because of the respect he has for his authority; thus they have the utmost respect for him.
Saving Private Ryan Essay Research Paper The
Saving Private Ryan Essay, Research Paper The movie I watched was Saving Private Ryan. The director was Steven Spielberg; some of the main characters are Tom Hanks (Captain John Miller), Tom Sizemore (Private Sarge), and Matt Damon (Private James Ryan).
All My Sons Arthur Miller Essay Research
Paper All My Sons- Arthur Miller Arthur Miller’s All My Sons is a perfect example of a literary work that builds up to, and then reaches, an ending that simultaneously satisfies the reader’s expectations and brings all the play’s themes to a dramatic conclusion. As the past slowly bubbles up into the present, the reader begins to need certain confrontations – and certain judgments – to occur.
Tragedy And The Common Man Essay Research
Paper In Arthur Miller?s 1949 essay, “Tragedy and the Common Man,” Miller began by saying, “In this age few tragedies are written.” This particular essay was published in the New York Times, was also the preface that was prepared for “Death of a Salesman” in 1949. Before Miller?s “Death of a Salesman,” there was only one type of tragedy?that which fit Aristotle?s definition.
The Blue Hotel Essay Research Paper Leah
The Blue Hotel Essay, Research Paper Leah Miller Comparison Essay English J In the Blue Hotel, by Stephen Crane, four characters play four games of High Five. The game is played with partners. There are both similarities and differences in the
Arthur Miller Essay Research Paper Arthur MillerArthur
Arthur Miller Essay, Research Paper Arthur Miller Arthur Miller found himself one day writing a play somehow based on a true story in his youth. With this he adds suspencion to the play, by adding creative scenes where his style is shown. After the play’s success, Miller’s mother Augusta, found an early manuscript called, “In Memorian”.In Memorian, was a forgotten autobiographical fragment that Miller had written when he was around 17 years old.
The Crucible Book Review Essay Research Paper
Arthur Miller, the son of a wealthy father who lost all of his money in the crash of 1929, quit school as a young child to support his family by holding several different odd jobs. From these jobs, Miller learned about the life of a simple man of America who became the highlight of many of his works (View from the Bridge, The Misfits).
Crucible Essay Research Paper
Cunningham-1 David Cunningham English III-AP November 10, 1999 The Crucible Comparison Essay The Crucible is a drama, based on the Salem Witch Trials and reconstructed by Arthur