Is the decades-old standard set forth in miller still viable


Problem: Obscenity is a category of speech in the United States.

1. Is the decades-old standard set forth in Miller still viable?

2. In particular, is the community standard that Miller created still adequate in light of modern communications?

Two cases in the reading point to opposite conclusions and can be used to debate the viability and wisdom of Miller. Thomas suggests that the standard remains viable and Kilbride, in dicta, says that it has to be modified. Frankly, given the amount of obscene speech available on the Internet and elsewhere in our society, one could debate whether it should remain a prohibited category of speech at all.

 

 

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