United States Supreme Court 413 U.S. 15 ( 1973)
[Editors' Note: Marvin Miller was convicted of mailing unsolicited obscene materials in violation of a California statute. The conviction was affirmed on appeal. In this decision the Supreme Court specifies a new test for the constitutional validity of state statutes which are "designed to regulate obscene materials." We have included sections of Mr. Chief Justice Burger's opinion. Footnotes have been renumbered as necessary.]
Mr. Chief Justice BURGER delivered the opinion of the Court. . . .
This case involves the application of a State's criminal obscenity statute to a situation in which sexually explicit materials have been thrust by aggressive sales action upon unwilling recipients who had in no way indicated any desire to receive such materials. This Court has recognized that the States
Reprinted with permission from 93A S.Ct. 2606. Copyright © 1973 by West Publishing Company.