First Amendment Library

Miller v. California (Doc. #: 70-73) (1973) [Findlaw]
Secondary Link	Miller v. California [Legal Information Institute]
Argument Date	01/18/1972
Decided	6/21/1973
Supreme Court Vote	5-4
Supreme Court Ruling	First Amendment claims denied.

Issue	Whether, consistent with the First Amendment, unsolicited mass mailings to advertise books containing explicit pictures of sexual activities can be criminally prosecuted.

Case Summary & Additional Resources

Majority Opinion

Burger, C.J.

Dissenting Opinion

Douglas, J., & Brennan, J. (joined by Stewart, J. & Marshall, J.)

Lower Court

Cal. App. Dep't Super. Ct.

Lower Court Ruling

First Amendment claims denied.

Oral Arguments

Oral Arguments [Oyez]
Reargument [Oyez]
edited transcript from Irons, Peter, editor, MAY IT PLEASE THE COURT: THE FIRST AMENDMENT (1997), pp. 154-161

Lawyers

For Petitioner

Burton Marks reargued the cause

For Respondent

Michael R. Capizzi reargued the cause

For Amicus

Samuel Rosenwein, A. L. Wirin, Fred Okrand, Laurence R. Sperber, Melvin L. Wulf, & Joel M. Gora filed a brief for the American Civil Liberties Union of Southern California et al.

News Stories & Commentary

Editorial, Bost Herald American, June 26, 1973

Editorial, Los Angeles Times, "The Muddied Waters of Obscenity," June 24, 1973

Editorial, New York Times, Freedom & Obscenity," June 25, 1973, p. 32

Editorial, Wall Street Journal, "On Pornography," June 27, 1973

Editorial, Washington Post, "Censorship, Obscenity & A Mature People," June 24, 1973, sect. C, p. 6

Kaufman, Michael T., "Officials Seeking New Smut Policy," New York Times, June 27, 1973, p. 57

MacKenzie, John P., "New Definition is Established," Washington Post, June 22, 1973, sect. A., p. 1

New York Times, "Reversing Field on Obscenity," June 24, 1973, p. 177

Oelsner, Lesley, "Experts Agree Prosecutions Will Rise, but Differ on the Over-all Impact," New York Times, June 23, 1973, p. 65

Pace, Eric , "Librarians Vote Smut Ruling Fund," New York Times, June 25, 1973, p. 46

Pace, Eric, "Decisions Protested by Nation's Media," New York Times, June 23, 1973, p. 65

Pace, Eric, "Library Group will Seek Rehearing in Smut Case," New York Times, June 24, 1973, p. 46

Rasberry, William, "Obscenity Ruling: The Wrong Question," Washington Post, June 27, 1973, sect. A, p. 31

Robinson, Timothy S., "Prosecutors Laud Court's Smut Ruling," Washington Post, June 23, 1973, sect. B, p. 1

Shales, Tom, "From 'Chaos' to 'No Effect,'" Washington Post, June 22, 1973, sect. B, p. 1

Washington Post, "Debating a Decisions: Hues, Cries & Silences," June 23, 1973, sect. C, p. 2

Weaver, Jr., Warren, "5 Decisions by 5-4," New York Times, January 222, 1973, p. 73

News

AP, " Attorney general vows to prosecute obscenity cases" (03-02-05)

AP, "Charges dismissed against California porn business" (1-25-05)

AP, "Feds to appeal dismissal of obscenity case" (2-17-05)

Other

Adler, Amy, "What's Left?: Hate Speech, Pornography, & the Problem of Artistic Expression," 84 California Law Review 1499 (1996)

Clor, Harry, "Obscenity & the First Amendment," 7 Loyola, Los Angeles, Law Review 207 (1974)

Cole, David, "Playing by Pornography's Rules: The Regulation of Sexual Expression," 143 University of Pennsylvania Law Review 111 (1994)

Collins, Ronald, & Skover, David, THE DEATH OF DISCOURSE (1996), pp. 139-200

David L. Hudson, Jr., "Pornography & Obscenity" (overview)

deGrazia, Edward, GIRLS LEAN BACK EVERYWHERE (1992), pp. 561-562, 571

Dickson, Del, THE SUPREME COURT IN CONFERENCE (1940-1985): THE PRIVATE DISCUSSIONS BEHIND NEARLY 300 SUPREME COURT DECISIONS (2001), pp. 363-365

Dworkin, Andrea, & MacKinnon, Catharine, PORNOGRAPHY & CIVIL RIGHTS (1988)

Dworkin, Andrea, PORNOGRAPHY: MEN POSSESSING WOMEN (1981)

Dworkin, Ronald, "Is there a Right to Pornography?," 1 Oxford Journal of Legal Studies 177 (1981)

Gey, Steven, "The Apologetics of Suppression: The Regulation of Pornography as Act and Idea," 86 Michigan Law Review 1564 (1988)

Heins, Marjorie, SEX, SIN, & BLASPHEMY (1993)

Henkin, Louis, "Morals & The Constitution: The Sin of Obscenity," 63 Columbia Law Review 391 (1963)

Kalven, Jr., Harry, "The Metaphysics of the Law of Obscenity," 1960 Supreme Court Review 1

Koppelman, Andrew, "Does Obscenity Cause Moral Harm?," 105 Columbia Law Review 1635 (2005)

Lockhart, William, "Escape from the Chill of Uncertainty: Explicit Sex & the First Amendment," 9 Georgia Law Review 533 (1975)

MacKinnon, Catharine, & Dworkin, Andrea, editors, IN HARM'S WAY: THE PORNOGRAPHY CIVIL RIGHTS HEARINGS (1997)

MacKinnon, Catharine, FEMINISM UNMODIFIED (1987)

Michelman, Frank, "Conceptions of Democracy in American Constitutional Argument: The Case of Pornography Regulation," 56 Tennessee Law Review 291 (1989)

Pally, Marcia, SEX & SENSIBILITY (1994)

Richards, David, "Free Speech & Obscenity Law: Toward a Moral Theory of the First Amendment," 123 University of Pennsylvania Law Review 45 (1974)

Saunders, Kevin W., VIOLENCE AS OBSCENITY (1996)

Schauer, Frederick, "Causation Theory & the Causes of Sexual Violence," 1987 American Bar Foundation Research Journal 737

Schauer, Frederick, "'Speech & Speech'" -- Obscenity and 'Obscenity,'" 67 Georgetown Law Journal 899 (1979)

Schauer, Frederick, THE LAW OF OBSCENITY (BNA, 1976)

Sherman, Jeffrey O. , "Love Speech: The Social Utility of Pornography," 47 Stanford Law Review 661 (1995)

Smolla, Rodney, SMOLLA & NIMMER ON FREEDOM OF SPEECH (1994), sect. 7.02

Strossen, Nadine, DEFENDING PORNOGRAPHY (1995)

Sunstein, Cass, "Pornography & the First Amendment," 1986 Duke Law Journal 589

Tribe, Laurence, AMERICAN CONSTITUTIONAL LAW (2nd ed., 1988), pp. 909-924

Tuman, Joseph, " Miller v. California," in FREE SPEECH ON TRIAL (2003), Richard A. Parker, ed., pp. 187-202