Washington Law Review


It is the thesis of this Comment that the Burger Court, in its search for constitutional certainty and structure, and for neutral principles of constitutional adjudication, has seized upon the Meiklejohn model and applied it to the area of obscenity. It has done so gropingly and in an effort to restrict, not to expand, openness of expression; nevertheless, as a repository of constructive constitutional theory, Miller and its companion cases may prove more beneficial to future first amendment adjudication than all the confusing obscenity decisions of the Warren years.

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