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PAPA BEAR Syllabus: First Amendment – Freedom of Speech – Unprotected Speech – Obscenity Roth v. US – “obscenity is not within the area of constitutionally protected speech or press”. But the Court also held that First Amendment concerns limit the acceptable definition of “obscenity.” Miller v . California (Chemerinsky p. 1381) Facts: - Def. mass mails advertisements for photo books containing adult material - Convicted of knowingly distributing obscene material Background Law: - States have a legitimate interest in prohibiting dissemination or exhibition of obscene material when the mode of dissemination carries with it a significant danger of offending the sensibilities of unwilling recipients or of exposure to juveniles. - But there’s a concern about overreaching; State statutes “must be carefully limited.” - No preexisting majority rule since Roth - Memoirs v. Massachusetts rule – “utterly without redeeming social value” – is explicitly not adopted. New Rule: a) Whether the average...