Miller v. California United States Supreme Court, 1973 413 U.S. 15, 93 S. Ct. 2607, 37 L. Ed. 2d 419, 1973 U.S. 149. Facts: Marvin Miller sent out advertised mailing of adult books and films he had for sale which portrayed sexual acts. Many receivers of this advertisement did not give permission or willingly received these offensive materials. He was convicted of violating a California Statute that bans the distribution of such explicit material which lead to his legal proceedings. Issue: Does the First Amendment, Freedom of Speech, or the applicable state statute, protect the sales and distributions of explicit materials by mail? Reasons/Analysis: Since certain materials have a high risk in being offensive, the Court decided that states
Facts: Rex Marshall testified that the deceased came into his store intoxicated, and started whispering things to his wife. The defendant stated that he ordered the deceased out of the store immediately, however the deceased refused to leave and started acting in an aggressive manner; by slamming his hate down on the counter. He then reached for the hammer, the defendant states he had reason to believe the deceased was going to hit him with the hammer attempting to kill him. Once the deceased reached for the hammer the defendant shot him almost immediately.
In the controversial court case, McCulloch v. Maryland, Chief Justice John Marshall’s verdict gave Congress the implied powers to carry out any laws they deemed to be “necessary and proper” to the state of the Union. In this 1819 court case, the state of Maryland tried to sue James McCulloch, a cashier at the Second Bank of the United States, for opening a branch in Baltimore. McCulloch refused to pay the tax and therefore the issue was brought before the courts; the decision would therefore change the way Americans viewed the Constitution to this day.
In the majority opinion, Justice White wrote “Educators did not offend the First Amendment by exercising editorial control over the content of student speech so long as their actions were” The court also noted that the paper was a sponsored newspaper by the school which was not intended to be seen by the public, but rather for journalism students to write articles based off of the requirements for journalism 2 class, and all subjects must be appropriate for the school and all its
The Case of Arizona v. Hicks took place in 1986; the case was decided in 1987. It began on April 18th 1984, with a bullet that was shot through the floor in Hick’s apartment; it had injured a man in the room below him. An investigation took place. Officers were called to the scene. They entered Mr. Hicks’ apartment and discovered three weapons and a black stocking mask.
McCulloch v Maryland 4 Wheat. (17 U.S.) 316 (1819) Issue May Congress charter a bank even though it is not an expressly granted power? Holding Yes, Congress may charter a bank as an implied power under the “necessary and proper” clause. Rationale The Constitution was created to correct the weaknesses of the Articles. The word “expressly” particularly caused major problems and therefore was omitted from the Constitution, because if everything in the Constitution had to be expressly stated it would weaken the power of the Federal government.
Gonzales v. Oregon is a Supreme Court case that took place in 2005, with the verdict and dissenting opinions stated in January of 2006. The case is about the General Attorney’s ruling of a medical practice to be illegal. The Attorney General at the time was John Ashcroft, appointed under President George Bush Jr., who authorized that the usage of lethal doses of medicine on terminally-ill patients to be illegal under the Controlled Substance Act in 1970. The Controlled Substance Act of 1970 is a federal United States drug policy which limits the usage of certain medications in a variety of ways. (Oyez, n.d.).
Illinois, the constitutional position on obscene material has not changed. The Miller Test, with the revised third prong has remained unaltered and obscenity prosecutions have continued in steady decline from 1990. The dispute and definition of obscenity still persist but with the lack of Supreme Court attention to such matters it development is unlikely. Perhaps the law of obscenity ought to be reexamined and defined to create a more constructive standard. Or, just as feasibly, it could be considered that a unanimous, objective standard is unattainable as Justice Stevens stated in his dissent “De gustibus non est disputandum. Just as there is no arguing about taste, there is no use litigating about
In the course of the basement search, police found a trunk containing ?lewd and lascivious? books and pictures. As a result, Mapp was arrested for violating an Ohio law prohibiting the possession of obscene materials. The Cuyahoga County Common Please Court found her guilty of the violation based on the evidence presented by the police. When Mapp?s attorney questioned the officers about the alleged warrant and asked for it to be produced, the police were unable or unwilling to do so. Nonetheless, Mapp was found guilty and sentenced to 1 to 7 years in the Ohio Women?s Reformatory.
The opinion of the court was held by Justice Kennedy, in that the Colorado amendment was held unconstitutional on the basis that it violated the equal protection clause of the 14th amendment on the United States Constitution. Kennedy argued the amendment singles out a specific group in which, it would make it so only homosexuals cannot receive the protective rights that are available to anyone else. This idea makes homosexuals unequal to everyone else because they are not guaranteed the same protection that anyone else could get if they needed it. Furthermore, the amendment burdens the homosexual community by not allowing them to seek protection against discrimination though the use of legislation. Additionally, Kennedy claims “In and ordinary case, a law will be sustained if it can be said to advance a legitimate government interest…” (632) By this he means that a law will be considered valid as long as it has a ...
In 1973, Marvin Miller, operator of one of the West Coast's largest mail-order businesses dealing in sexually explicit material, had conducted a mass mailing campaign to advertise the sale of illustrated books, which was known as “adult material”. He was found guilty based on the fact that he violated California’s pena...
[9] Section 17 (3) (d) s. 22 (1)(b) of the C (S) A 1995, section 30 of
388 U.S. 1; 87 S. Ct. 1817; 18 L. Ed. 2d 1010; 1967 U.S. LEXIS 1082. LexisNexis Academic. Web. Date Accessed: 2014/05/20.
Issues of censorship in public schools are contests between the exercise of discretion and the exercise of a Constitutional right. The law must reconcile conflicting claims of liberty and authority, as expressed by Supreme Court Justice Felix Frankfurter in Minersville School District v. Gobitis, 1940 in “Banned in the U.S.A.: A Reference Guide to Book Censorship in Schools and Public Libraries” by Herbert N. Foerstel (23).
Leis, C.L. (2001). United States v. Playboy Entertainment Group, Inc. – Sexually Explicit Signal Bleed and §505 of the CDA: Unable to Overcome Strict Scrutiny but Will Strict Scrutiny be Able to Overcome the Future?. Unpublished manuscript, Capital University Law School, Columbus, OH. Retrieved from https://culsnet.law.capital.edu/LawReview/BackIssues/30-4/Leis.pdf
a case won against the U.S. postal service which allowed gay publications’ use of the U.S. mail