Facebook X (Twitter) Instagram
    Saturday, September 30
    Trending
    • This Day in History on September 30th
    • History Short: The Most Historic World Series Ever?
    • This Day in History on September 29th
    • History Short: What was “The Great Wrath?”
    • This Day in History on September 28th
    • History Short: Are Pro Sports Rigged?
    • A Table of Biographies of Roman Emperors and Usurpers
    • Animated Map of the 2022 Russian Invasion of Ukraine (through September 27th, 2023)
    History and Headlines
    • Arts & Entertainment
      • Cinema & TV
      • Games
      • Literature
      • Music
      • Sports
      • Video Games
    • Bizarre Bulletin
      • Misconceptions
      • The Bizarre
      • The Paranormal
      • The Unexplained
    • Lifestyle
      • Animals/Pets
      • Fashion
      • Food
      • Health/Medicine
      • Home Improvement
      • Horoscopes
      • Travel
    • Science & Tech
      • Inventions
      • Nature
      • Vehicles
    • Society
      • Business and Economics
      • Crime
      • Military
      • Politics
      • Religion
      • Society
    • About
      • Welcome to Our Site!
      • This Day in History (articles)
      • This Day in History (categories)
      • Table of Contents: A History of the World
      • Online History Textbooks
      • A Guide to Some of Our Favorite Scholars and Educators
      • Advance Screenings and Movie Reviews Archive
      • Schedule of Video Adaptations of Our Articles
    • Friends
      • Armchair History TV
      • Fact Fiend
      • RealClearHistory
      • Simply Charly
      • TopTenz
      • ​Unique Interpretations
    History and Headlines
    You are at:Home»Arts & Entertainment»Cinema & TV»History Short: How Do You Know if Something is Obscene?
    Cinema & TV

    History Short: How Do You Know if Something is Obscene?

    Major DanBy Major DanJune 21, 2023No Comments2 Mins Read
    Email Facebook LinkedIn Pinterest Reddit Telegram Tumblr Twitter VKontakte WhatsApp
    Miller v. California

    A Brief History

    On June 21, 1973, the US Supreme Court handed down a decision in Miller v. California, establishing a way to determine if something is “free speech” guaranteed by the 1st Amendment or if it is obscene.

    Digging Deeper

    Referred to as the “Miller Test,” SCOTUS determined that three factors must be present for some sort of expression to be considered obscene and not covered under “free speech.”  These three factors are:

    “Whether ‘the average person, applying contemporary community standards’, would find that the work, taken as a whole, appeals to the prurient interest,

    Whether the work depicts or describes, in a patently offensive way, sexual conduct or excretory functions specifically defined by applicable state law,

    Whether the work, taken as a whole, lacks serious literary, artistic, political, or scientific value.”

    The speech, or expression, is considered obscene if and only if all three factors are met.

    Question for students (and subscribers): Do you agree with this definition of what is obscene?  Please let us know in the comments section below this article.

    If you liked this article and would like to receive notification of new articles, please feel welcome to subscribe to History and Headlines by liking us on Facebook and becoming one of our patrons!

    Your readership is much appreciated!

    Historical Evidence

    For more information, please see…

    Fiss, Owen. Liberalism Divided: Freedom Of Speech And The Many Uses Of State Power. Routledge, 2018.

    Gary, Brett. Dirty Works: Obscenity on Trial in America’s First Sexual Revolution. Stanford University Press, 2021.

    The featured image in this article, a photograph of the Burger Court in 1973, is in the public domain in the United States because it is a work prepared by an officer or employee of the United States Government as part of that person’s official duties under the terms of Title 17, Chapter 1, Section 105 of the US Code.

    You can also watch video versions of this article on YouTube.

    Share. Email Facebook LinkedIn Pinterest Reddit Telegram Twitter Tumblr
    Previous ArticleThis Day in History on June 20th
    Next Article This Day in History on June 21st
    Major Dan

    Major Dan is a retired veteran of the United States Marine Corps. He served during the Cold War and has traveled to many countries around the world. Prior to his military service, he graduated from Cleveland State University, having majored in sociology. Following his military service, he worked as a police officer eventually earning the rank of captain prior to his retirement.

    Related Posts

    History Short: What was “The Great Wrath?”

    September 29, 2023

    History Short: Are Pro Sports Rigged?

    September 28, 2023

    A Table of Biographies of Roman Emperors and Usurpers

    September 27, 2023

    Leave A Reply Cancel Reply

    This site uses Akismet to reduce spam. Learn how your comment data is processed.

    Follow Us!
    • Facebook
    • Twitter
    • YouTube
    • Patreon
    Sign Up For Our Newsletter!
    Most Recent

    This Day in History on September 30th

    September 30, 2023

    History Short: The Most Historic World Series Ever?

    September 30, 2023

    This Day in History on September 29th

    September 29, 2023

    History Short: What was “The Great Wrath?”

    September 29, 2023

    This Day in History on September 28th

    September 28, 2023
    This Day in History Video

    Advertisements




    Amazon Affiliate Disclosure Statement

    As an Amazon Associate, I earn from qualifying purchases via links in the “Historical Evidence” sections of articles.

    About HistoryAndHeadlines.com

    Thanks for visiting History and Headlines!  This site exists primarily for educational purposes and is intended as a resource for Dr. Zar’s students.  Articles are mostly written by either Dr. Zar or his dad (Major Dan).  To any guest readers, please keep that in mind when commenting on articles.   Thank you!

    We try to present our students with historical topics that are both diverse and a bit out of the ordinary.  Our motto is “We try until we succeed!”

    Contact us at admin@historyandheadlines.com

    Guidelines and Policies for Images used on This Site, as well as for Guest and Sponsored Articles, and Other Terms of Use

    Privacy Statement

    © 2023 History and Headlines

    All-Time Most Commented

    July 28, 1866: 18 Year Old Girl Wins Commission to Sculpt Statue of Lincoln (A Truly Great American Woman)

    July 28, 2014

    December 24, 1865: Birth of the Ku Klux Klan

    December 24, 2015

    December 25, 1868: President Johnson Pardons all Confederate Veterans

    December 25, 2015

    February 5, 1909: First Plastic Invented was called Bakelite!

    February 5, 2014

    November 23, 1876: “Boss” Tweed Turned Over to Authorities

    November 23, 2013
    Recommended Book
    © 2023 ThemeSphere. Designed by ThemeSphere.

    Type above and press Enter to search. Press Esc to cancel.

    We are using cookies to give you the best experience on our website.

    You can find out more about which cookies we are using or switch them off in .

    History and Headlines
    Powered by  GDPR Cookie Compliance
    Privacy Overview

    This website uses cookies so that we can provide you with the best user experience possible. Cookie information is stored in your browser and performs functions such as recognising you when you return to our website and helping our team to understand which sections of the website you find most interesting and useful.

    Strictly Necessary Cookies

    Strictly Necessary Cookie should be enabled at all times so that we can save your preferences for cookie settings.

    If you disable this cookie, we will not be able to save your preferences. This means that every time you visit this website you will need to enable or disable cookies again.