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Unformatted text preview: Miller v. California Facts : Mr. Miller sent five unsolicited advertising brochures through the mail addressed to a restaurant. When opened the manager and his mother complained to the police. The brochures advertised four adult book titles and an adult movie. Some descriptive language, pictures and drawings of men and women engaged sexually were displayed. Question : Whether material, included in a mass-mailing program, soliciting the sale of adult books and movies can be subjected to state regulation as a criminal offense? Holding : Yes, but limited to where the work, taken as a whole, appeals to the prurient interest in sex; portrays sexual conduct specifically defined by state law in a patently offensive way; and taken as a whole, does not have serious literary, artistic, political or scientific value. Rationale : States have a legit interest in prohibiting the dissemination or exhibition of obscene material when the mode used has a significant danger of offending unwilling recipients or theres...
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- Fall '07