A report on Obscenity, Miller v. California and I know it when I see it
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".
- Miller v. CaliforniaThe phrase was used in 1964 by United States Supreme Court Justice Potter Stewart to describe his threshold test for obscenity in Jacobellis v. Ohio.
- I know it when I see itFormer Justice Potter Stewart of the Supreme Court of the United States, in attempting to classify what material constituted exactly "what is obscene," famously wrote, "I shall not today attempt further to define the kinds of material I understand to be embraced ... [b]ut I know it when I see it...."
- ObscenityIn the United States, the 1973 ruling of the Supreme Court of the United States in Miller v. California established a three-tiered test to determine what was obscene—and thus not protected, versus what was merely erotic and thus protected by the First Amendment.
- ObscenityThis changed in 1973 with Miller v. California.
- I know it when I see itIn Jacobellis v. Ohio, Justice Potter Stewart's concurring opinion said that the Court in earlier pornography cases "was faced with the task of trying to define what may be indefinable," and that criminal laws were constitutionally limited to "hard-core pornography," which he did not try to define: "perhaps I could never succeed in intelligibly doing so. But I know it when I see it."
- Miller v. California1 related topic with Alpha
Jacobellis v. Ohio
0 linksJacobellis v. Ohio, 378 U.S. 184 (1964), was a United States Supreme Court decision handed down in 1964 involving whether the state of Ohio could, consistent with the First Amendment, ban the showing of the Louis Malle film The Lovers (Les Amants), which the state had deemed obscene.
He wrote, "I shall not today attempt further to define the kinds of material I understand to be embraced within that shorthand description; and perhaps I could never succeed in intelligibly doing so. But I know it when I see it, and the motion picture involved in this case is not that."
The Court's obscenity jurisprudence would remain fragmented until 1973's Miller v. California.