Miller Vs California Case Study

Improved Essays
In the case of Miller vs California, Miller is charged because he began sending obscene material to a restaurant owner in which they were sensitive to the specific material that they received. To determine what obscene material really is, took two court cases to give a meaning what people or a community perceived some material as obscene. The biggest argument about portrayed obscene material is, what is covered by the First Amendment. The first amendment protects our right of free speech and representation of expression. Some people may view expression of sexually obscene material as right given to them by that First Amendment. Those people who have that certain view are described as prurient, which means that one has an excessive interest …show more content…
He truly believed that it was okay. He also did not understand the consequence of his actions therefore making that action not immoral. It is not moral either though, it is neutral. Miller thought it would benefit himself in some way which in Plato’s terms would be moral. Plato would say that Miller is taking part in his unjust soul and he is indulging himself in all his materialistic and power hungry desires. However being unjust is said to be rational by Plato. Being unjust is more pleasurable that the just life. In the unjust life you can give into your desires and not have to worry about being immoral and doing bad. In the just life you must control your desires and think about what is good and what is bad and what the consequences of those actions are. Miller in that sense is living the unjust life. He is giving into all of his sexual and materialistic desires. Plato also says that people live the just life because they are scared to face the consequences of justice. Although Miller believed he was protected by the the First Amendment, he had to have known that it was unjust in some way. Living the just life allows one to live a happy and full life. On the other hand someone whos gives into their desires and lives an unjust life would get everything they want that is materialistic but they would not have true happiness. Plato’s main argument to the Miller vs California case would be that Miller is giving into his desires and living the unjust life. Miller does not have true happiness which Plato values the

Related Documents

  • Improved Essays

    The actuality of the case of State v. Stewart consist of a variety of mental, physical and emotional abuse in which Peggy Stewart had been “pushed” in her own mind to kill her husband to escape from his toxic and cruel behavior. As a result, the facts of the case are a wide variety that contributed to Peggy’s “imminent danger” state of mind when deciding whether her actions were truly self-defense. These include the abuse at hand, physiological trauma that Peggy experienced, and professional opinions about Peggy’s actions. An important factor of the case is Peggy Stewart’s significant abuse by her husband, Mike. Additionally, Mike’s abuse was not only to Peggy; but also to her daughter, Carla.…

    • 728 Words
    • 3 Pages
    Improved Essays
  • Great Essays

    In case one, State of California vs Turner, Brock Turner, 20-year-old Caucasian male and was a resident in California was charged with rape of three out of five counts in 2015, penal code PC261 (a)(3), PC261 (a)(4), PC220 (a)(1), PC289 (e), PC289 (d) (Official California Legislative Information , 1993). Turner was found guilty in March of three felony charges: assault with intent to commit rape of an intoxicated/unconscious person PC220 (a)(1), penetration of an intoxicated person PC289 (e), and penetration of an unconscious person penal codes PC289 (d) (Court Motions/Orders Instructions/Minutes Chronolocial Order, 2015). None of the codes that he was charged did not include the intent “rape,” which may have led to the lower sentence then the max. So, Turner was sentenced with 6 months in jail instead of the max. The district attorney felt the punishment does not fit the crime (Fantz, 2016).…

    • 1394 Words
    • 6 Pages
    Great Essays
  • Improved Essays

    A California Highway Patrol officer on Monday said he interviewed a woman that claimed Marci Kitchen admitted to her that she’d run over her own daughter her daughter’s friend on July 12, 2016, during a fatal collision in Fortuna. Testifying during a preliminary hearing in the Humboldt county courthouse, CHP officer William Adams said Marci Kitchen had asked a woman by the name of Ronda Rex to remove seven pounds of marijuana and a separate amount of alcohol from her jeep when she confessed. “I did it. I hit the girls,” Adams said recounting what Rex told him Marci Kitchen had said to her.…

    • 655 Words
    • 3 Pages
    Improved Essays
  • Superior Essays

    Regents of the University of California v. Bakke Rose, 3 Regents of the University of California v. Bakke: Affirmative Action and Racial Quotas Abby Rose Liberty High School 3AB The famous court case of Regents of the University of CA v. Bakke has been a controversial court case dealing with affirmative action. Affirmative action usually is defined as special privileges or policies that favor a minority group or race. Even though the defendant, Allan Bakke, may have scored higher than some of the minorities that applied, he still did not get in because of his skin color. The university was picking students based on a racial quota, and the white quota for the university was met, that is why Bakke did not get accepted.…

    • 975 Words
    • 4 Pages
    Superior Essays
  • Improved Essays

    Miller was however loyal to his cast and the people who were helping and did not tell the congress. In The Crucible loyalty is not something the characters do not show to the other characters. Although Abby Williams and Reverend Parris in The Crucible seem…

    • 1160 Words
    • 5 Pages
    Improved Essays
  • Improved Essays

    California v. Greenwood: Case Brief California v. Greenwood established that items set out in a public space and which are available for the public to inspect are not granted the Fourth Amendment right to require a search warrant before searching or seizing that property. Facts Police Officers in Laguna Beach were conducting a drug trafficking investigation. The target of the investigation was Billy Greenwood. During this investigation the Laguna Beach Police Department asked the trash collector of Mr. Greenwood's trash to place it separately from the other trash they normally picked up.…

    • 561 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    He also believes that it is not morally right to use people as an end to a means. This relates to the obese man scenario. Mill says that it is not okay to use someone to get an outcome you want, even if it causes happiness. I agree with this because this means that pushing the obese man in front of the Trolley, even though it would save five lives is not morally correct because it’s using someone (obese man) as an end to a means.…

    • 1819 Words
    • 8 Pages
    Improved Essays
  • Improved Essays

    Issue Under the California Civil Code § 3344, will former Governor Arnold Schwarzenegger be able to suppress images from his storied career being used on T-Shirts sold by Newsflash Creative Media on the grounds that the images have violated his right of publicity in the state of California? Conclusion Yes. Former Governor Arnold Schwarzenegger will be able to suppress the images being used on the T-Shirts sold by Newsflash Creative Media under the California Civil Code § 3344 because Code prohibits the use of a person’s “photograph or likeness … on or in products … for the purposes of advertising or selling … without such person’s consent …” The images have not been sufficiently “transformed” into something unique and original enough to…

    • 1865 Words
    • 8 Pages
    Improved Essays
  • Improved Essays

    Where many seek freedom, they are met with limitations. The Miller v. California case is an example of a limitation on the First Amendment. In this particular case, the First Amendment does not protect obscenity. In January of 1972, Marvin…

    • 831 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    However, what is different from Plato is that Augustine believes that if you are not living the perfectly just life you essentially perfectly immoral and evil. Augustine’s ethics come from the hierarchy of good, which comes from god. Miller in Augustine’s terms is foolish and young. He is sinful because he is not following our God given goodness. Augustine believes that everyone is evil in some way.…

    • 1548 Words
    • 7 Pages
    Improved Essays
  • Decent Essays

    Question 1 A. 370 U.S. 660: Robinson v. California (No. 554) Argued: April 17, 1962- Decided: June 25, 1962 The case involved Robinson and the state of California. He had violated Californian statute that prohibited addiction to narcotics (Uscourtsgov, 2018). The statute termed it a misdemeanor punishable by any person arrested with addiction to drugs, and, sustained the petitioner’s imprisonment thereunder the Californian courts. The constitutional amendments that were under scrutiny, in this case, were Eighth and Fourteenth Amendments Pp.…

    • 711 Words
    • 3 Pages
    Decent Essays
  • Superior Essays

    Miller’s style allows him to embrace different forms of study, thus creating a work of ethics and the philosophy which is significant to The…

    • 1478 Words
    • 6 Pages
    Superior Essays
  • Improved Essays

    He can be a model once again to the reader. With Proctor, Miller exemplified the path of a moral man and taught a lesson of redemption: guilt will always linger, unless one can find the strength to face one’s wrongdoings and to forgive…

    • 885 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    Miller indicates how hard it is to chose your ethics over saving yourself through Proctor, but he also shows the effect of this on the people who witness you doing this. He displays how easy it is to chose to save yourself but he discribes the negative effect of this on the people around you. The attitude seen in Proctor is used to portray how powerful one person choosing to die for integrity is over so many who chose to save themselves. Proctors sacrifice is used by Miller to reveal how truly powerful integrity can be. Powerful enough to end even the greatest…

    • 1080 Words
    • 5 Pages
    Improved Essays
  • Great Essays

    Evan Miller has had a rough upbringing. He has had emotional abandonment from his alcoholic and drug abused mother, his abusive father and forced to be placed in multiple foster cares throughout his childhood. Miller is a prime example of an abandoned, troubled minor, whose true destiny has been destroyed due to these circumstances. The problems he has faced steered him to being depressed and unsatisfied, using drugs, alcohol and four suicide attempts to trying and fulfill the emptiness he has been feeling his entire life.…

    • 1439 Words
    • 6 Pages
    Great Essays