Q: In the most plain language, what's the difference in Roth v. United States and Miller v. California obscenity decisions?
I'm trying to get a better understanding of these cases a someone whose not a law student. From what I understand, obscene material is determined to be so (Roth decision) when it meets only one of the three prongs ( a. whether "the average person, applying contemporary community standards" would find that the work, taken as a whole, appeals to the prurient interest b. whether the work depicts or describes, in a patently offensive way, sexual conduct specifically defined by the applicable state law c. whether the work, taken as a whole, lacks serious literary, artistic, political, or scientific value.) and that changed with Miller decision where it had to meet all three prongs.
A:
See: http://courses.cs.vt.edu/professionalism/Censorship/3-prong-test.html
More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.